PPT: Judgements and Doctrines | Indian Polity for UPSC CSE PDF Download

 Page 1


Judgements and 
Doctrines
Page 2


Judgements and 
Doctrines
Introduction to Judicial Doctrines
A judicial doctrine is a principle or rule developed by 
courts to interpret laws and the Constitution 
consistently across cases.
These doctrines are crucial for aspirants as they help 
understand:
Constitutional interpretation
Fundamental rights protection
Balance of legislative powers
Limits on governmental authority
Landmark Supreme Court rulings have evolved these 
doctrines over time, creating a rich tapestry of 
constitutional jurisprudence that guides governance 
in India.
Page 3


Judgements and 
Doctrines
Introduction to Judicial Doctrines
A judicial doctrine is a principle or rule developed by 
courts to interpret laws and the Constitution 
consistently across cases.
These doctrines are crucial for aspirants as they help 
understand:
Constitutional interpretation
Fundamental rights protection
Balance of legislative powers
Limits on governmental authority
Landmark Supreme Court rulings have evolved these 
doctrines over time, creating a rich tapestry of 
constitutional jurisprudence that guides governance 
in India.
Doctrine of Basic Structure: The Guardian of 
the Constitution
Origin
Inspired by German 
constitutional safeguards 
developed after the Nazi era 
to prevent democratic 
institutions from being 
dismantled through legal 
means
Key Idea
Parliament can amend the 
Constitution but cannot alter 
its "basic structure" - the 
fundamental framework that 
gives the Constitution its 
identity
Elements of Basic 
Structure
Democratic governance
Secularism
Federalism
Judicial review
Rule of law
Separation of powers
Fundamental rights (in 
essence)
Page 4


Judgements and 
Doctrines
Introduction to Judicial Doctrines
A judicial doctrine is a principle or rule developed by 
courts to interpret laws and the Constitution 
consistently across cases.
These doctrines are crucial for aspirants as they help 
understand:
Constitutional interpretation
Fundamental rights protection
Balance of legislative powers
Limits on governmental authority
Landmark Supreme Court rulings have evolved these 
doctrines over time, creating a rich tapestry of 
constitutional jurisprudence that guides governance 
in India.
Doctrine of Basic Structure: The Guardian of 
the Constitution
Origin
Inspired by German 
constitutional safeguards 
developed after the Nazi era 
to prevent democratic 
institutions from being 
dismantled through legal 
means
Key Idea
Parliament can amend the 
Constitution but cannot alter 
its "basic structure" - the 
fundamental framework that 
gives the Constitution its 
identity
Elements of Basic 
Structure
Democratic governance
Secularism
Federalism
Judicial review
Rule of law
Separation of powers
Fundamental rights (in 
essence)
Landmark Judgement: Kesavananda Bharati 
Case (1973)
The historic 7:6 majority verdict by a 13-judge bench 
established that:
Parliament's power to amend the Constitution is 
l i m i t e d by its basic structure
Article 368 does not permit Parliament to alter the 
Constitution's essential features
Amendments can be subject to judicial review
"A power to destroy is not a power to amend."
- Justice H.R. Khanna
This judgement is considered to have saved Indian democracy during a politically turbulent period.
Page 5


Judgements and 
Doctrines
Introduction to Judicial Doctrines
A judicial doctrine is a principle or rule developed by 
courts to interpret laws and the Constitution 
consistently across cases.
These doctrines are crucial for aspirants as they help 
understand:
Constitutional interpretation
Fundamental rights protection
Balance of legislative powers
Limits on governmental authority
Landmark Supreme Court rulings have evolved these 
doctrines over time, creating a rich tapestry of 
constitutional jurisprudence that guides governance 
in India.
Doctrine of Basic Structure: The Guardian of 
the Constitution
Origin
Inspired by German 
constitutional safeguards 
developed after the Nazi era 
to prevent democratic 
institutions from being 
dismantled through legal 
means
Key Idea
Parliament can amend the 
Constitution but cannot alter 
its "basic structure" - the 
fundamental framework that 
gives the Constitution its 
identity
Elements of Basic 
Structure
Democratic governance
Secularism
Federalism
Judicial review
Rule of law
Separation of powers
Fundamental rights (in 
essence)
Landmark Judgement: Kesavananda Bharati 
Case (1973)
The historic 7:6 majority verdict by a 13-judge bench 
established that:
Parliament's power to amend the Constitution is 
l i m i t e d by its basic structure
Article 368 does not permit Parliament to alter the 
Constitution's essential features
Amendments can be subject to judicial review
"A power to destroy is not a power to amend."
- Justice H.R. Khanna
This judgement is considered to have saved Indian democracy during a politically turbulent period.
Reinforcement of Basic Structure Doctrine
1
Indira Nehru Gandhi v. Raj Narain 
(1975)
Supreme Court struck down the 39th Amendment 
which placed election disputes involving certain 
officials beyond judicial review
Reaffirmed that free and fair elections are part of 
the basic structure
2
Minerva Mills Case (1980)
Invalidated parts of 42nd Amendment that gave 
unlimited power to Parliament to amend the 
Constitution
Established that balance between Fundamental 
Rights and Directive Principles is essential to the 
basic structure
3
Waman Rao Case (1981)
Clarified that the Basic Structure Doctrine applies 
only to amendments made after April 24, 1973 (the 
date of the Kesavananda judgement)
Protected laws already placed in the Ninth 
Schedule before this date