Kesavananda Bharati v. State of Kerala
(1973) 4 SCC 225 · Supreme Court of India
Parliament may amend any provision of the Constitution under Article 368 but cannot damage or destroy its basic structure.
Unit V · Constitutional Law – II
Amendment of the Constitution and the basic structure
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Constitution of India | 368 | Power of Parliament to amend the Constitution and procedure therefor |
Landmark cases
Minerva Mills Ltd. v. Union of India
(1980) 3 SCC 625 · Supreme Court of India
Limited amending power and the balance between Parts III and IV are basic features; clauses that gave constitutional amendments complete immunity were struck down.
Indira Nehru Gandhi v. Raj Narain
1975 Supp SCC 1 · Supreme Court of India
Free and fair elections and the rule of law are part of the basic structure; a constitutional amendment cannot validate an election by a purely ad hoc device.
Previous-year questions
Mapped 6 / 10 / 15-mark questions on this topic. Frequency is how many papers repeat the question.
- 15 Explain the powers and functions of the President of India under the Indian Constitution. · 2×
- 15 Explain the Parliament's power to amend the Indian Constitution with special reference to the Doctrine of Basic Structure. · 2×
- 6 44th Amendment, 1978. · 1×
- 6 Kinds of Amendment. · 1×
- 6 Basic Structure theory. · 1×
- 10 The Parliament proposes to remove the word 'Socialist' from the Preamble to the Constitution. Decide the constitutional validity of such a move. · 1×
- 10 'X' was a Government servant holding a substantive post of a clerk. He was promoted. Subsequently, he was reverted to his substantive post on the ground of unsatisfactory work. 'X' challenged the validity of the order on the ground that he was reduced in rank without giving a reasonable opportunity under the Constitution. Decide with the help of relevant case law. · 1×
- 10 It is proposed to delete the word 'secular' from the Preamble to the Constitution, by way of a Constitutional Amendment. Is such proposal valid? If not, state the reasons. · 1×
- 10 A constitutional amendment was made to make India a 'non-socialist republic'. Does such amendment violate the basic structure of the constitution? Decide with reasons. · 1×
- 15 Discuss the safeguards available to civil servants under the Constitution of India. · 1×
- 15 Explain the Amendment of Indian Constitution and the Basic Structure Theory. · 1×
- 15 Explain the powers of the Parliament in amending the Indian Constitution. · 1×
- 15 Examine the privileges of legislature under the Constitution of India. · 1×
- 15 Discuss the evolution of the Basic Structure Theory in India. · 1×
- 15 Discuss the Scope of the Doctrine of Basic Structure formulated by the Supreme Court of India in Kesavananda Bharati Case. · 1×
- 15 Explain the process of Amendment of the Indian Constitution and discuss the Basic Structure Theory. · 1×
- 15 Explain the Doctrine of Basic Structure in relation to amendment of Indian Constitution. · 1×
- 15 Examine the Scope of Writ Jurisdiction of Supreme Court under the Constitution of India. · 1×