Judicial Review & Basic Structure

5 min

Landmark judgments and the evolution of Public Interest Litigation.

The Golden Doctrine

Judicial Review is the power to check the constitutionality of laws. The Kesavananda Bharati case established the basic structure doctrine to protect the spirit of the Constitution.

Why Study This?

Core of Article 13, 32, and 226 for competitive exams.
Explains the power balance between Parliament and Judiciary.
Covers PIL, a repetitive topic in SSC and State PCS exams.

Quick Memory Hooks

K-B-1973: Kesavananda Bharati = Basic Structure (24 April 1973).
PIL Father: Justice P.N. Bhagwati (Justice for the Public).
Minerva Mills 1980: Restored balance between FR and DPSP.

Key Judgments Comparison

Case Name	Year	Main Outcome
Kesavananda	1973	Basic Structure
Minerva Mills	1980	FR-DPSP Balance
S.P. Gupta	1981	PIL Expansion

Legal Pillars

PIL

(Social Justice)

Social Justice

Anyone can file for the poor.

1973

(Turning Point)

Turning Point

The largest 13-judge bench sat.

ART 13

(Shield of Rights)

Shield of Rights

Voids laws against FRs.

ACTIVISM

(Proactive Court)

Proactive Court

Court forces Govt to act.

Common Exam Traps

Basic Structure is defined in Art 368Propounded by the Judiciary

The term 'Basic Structure' is not mentioned anywhere in the Constitution text.

Only a victim can file a PILAny public-spirited person can file

Locus Standi was relaxed to allow third parties to seek justice for the poor.

Judicial Review is an absolute powerLimited by Procedure Established by Law

Judicial review must follow constitutional limits and not lead to tyranny.

Quick Practice

Q1.In which case did the Supreme Court propound the 'Doctrine of Basic Structure'?

Q2.Who is considered the 'Father of Public Interest Litigation (PIL)' in India?

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