How basic structure doctrine protects constitutional rights

The Constitution of India enshrines a vision of justice—social, economic, and political—and a commitment to equality in status and opportunity.

- Ashish Bharadwaj

The Constitution of India enshrines a vision of justice—social, economic, and political—and a commitment to equality in status and opportunity. But history has shown us that these ideals are often contested terrain.

In the early decades after independence, as India grappled with urgent demands for land reform, social equity, and economic stability, the pillars of democracy—the legislature, the executive, and the judiciary—often stood at odds.

From the 1950s until the 1970s, India was crying out for reforms—agrarian and economic. Land redistribution was key, but it clashed directly with the constitutional right to property—then a Fundamental Right under Articles 19 and 31.

After years of wars, economic disparities, and political turmoil, public pressure on the government was mounting, and so the government moved to abolish the zamindari system by acquiring private property. But this clashed with the Fundamental Right to Property under Articles 19 and 31 of the Constitution. These reforms were challenged in courts; some were struck down. In response, Parliament passed the First Amendment in 1951, introducing Article 31A, Article 31B, and the Ninth Schedule to shield such laws from judicial review.