The constitutional principle of the Basic Structure was invented by the

The doctrine of the Basic Structure was propounded by the Judiciary, specifically the Supreme Court of India, in the landmark Kesavananda Bharati v. State of Kerala case in 1973 [6]. The court, in a historic 7:6 majority decision, held that while Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy its 'basic structure' or fundamental features [2]. This principle is not explicitly mentioned in the text of the Constitution; rather, it emerged through judicial interpretation as a means to limit the amending power of the Legislature and safeguard the Constitution's core identity [5]. Subsequent judgments, such as the Indira Nehru Gandhi case (1975) and Minerva Mills case (1980), reaffirmed and expanded this doctrine, establishing the Judiciary's supremacy in constitutional interpretation and ensuring the Constitution remains a living document [5].

Sources

1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > ELEMENTS OF THE BASIC STRUCTURE > p. 129
2. [2] https://judgments.ecourts.gov.in/KBJ/?p=home/intro
3. [6] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 127
4. [4] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 9: CONSTITUTION AS A LIVING DOCUMENT > BASIC STRUCTURE AND EVOLUTION OF THE CONSTITUTION > p. 211
5. [5] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 128
6. [3] https://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_of_Kerala