Follow the Wound, Not the Weapon: The Basic Structure Doctrine Can and Must Apply to Laws

In this article, Yash Sinha challenges the Supreme Court’s recent decision in Anjum Kadari v Union of India, arguing that the basic structure doctrine should not be confined to constitutional amendments but must also extend to ordinary legislation that threatens the Constitution’s foundational identity. Rejecting the formal distinction between constitutional amendments and ordinary laws, the author contends that judicial review is inherently flexible and that the doctrine is triggered by the nature and intensity of the constitutional injury rather than the source of the violation. Drawing on precedents such as Kesavananda Bharati, S.R. Bommai, and I.R. Coelho, the paper argues that the doctrine’s purpose is to preserve the Constitution’s core values wherever they are imperilled. It further proposes a structured framework for applying the doctrine to ordinary laws, centred on the “essence” and “width” of the constitutional injury, while addressing concerns of judicial overreach by emphasising the doctrine’s internal safeguards and textually anchored methodology.

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CALJ_Volume X Issue I_Sinha.pdf

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