The Basic Structure Doctrine Theory implies that ........

Indian Polity Features of Constitution

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The Basic Structure Doctrine Theory implies that:

Certain constitutional features are so essential to it that they cannot be abrogated

Fundamental rights cannot be abridged

The constitution cannot be amended except in accordance with the procedure prescribed in Article 368

The Preamble of the Constitution cannot be amended

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Explanation:

The constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution. This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘basic structure’ of the Constitution.

The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution.