Title: Indicators of basic structure: a functional critique of South Asian jurisprudence

Authors: Ashit Kumar Srivastava; Aashutosh Jagtap; Priyanshi Jain

Addresses: Dharmashastra National Law University, Jabalpur, India ' Dharmashastra National Law University, Jabalpur, India ' Dharmashastra National Law University, Jabalpur, India

Abstract: The Doctrine of Basic Structure has been a solid substratum on the base of which several constitutions have blossomed and even survived. Indian Constitution is a good example on this front, which is thriving for more than seventy years. South-Asia especially needs to obey this principle, continued resurgence of this doctrine has help protect some cherished principles of the modern Constitutionalism. The judicial review of the amendment has happened on two tangents: one on the procedural aspect and the other on a substantive basis. The substantive-based review of the Constitutional Amendment has given birth to certain unamendable structure, named as 'Basic Structure'. The authors under the present paper discuss the indicators that provide functional effectiveness to the Doctrine of Basic Structure, specifically for countries of Pakistan, India, Bangladesh, and Sri Lanka. As these countries share a colonial heritage in pre-independence era and has had own unique tryst with Basic Structure.

Keywords: Doctrine of Basic Structure; independence of judiciary; founding father.

DOI: 10.1504/IJHRCS.2026.155292

International Journal of Human Rights and Constitutional Studies, 2026 Vol.13 No.3, pp.211 - 250

Received: 14 Jun 2024
Accepted: 30 Aug 2024
Published online: 30 Jul 2026 *

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