Lexis Nexis’s The Basic Structure Doctrine: Protector of Constitutional Integrity by Rohinton Nariman – 1st Edition 2025.

Established by the Supreme Court of India in the landmark Kesavananda Bharati case in 1973, the Basic Structure Doctrine asserts a profound principle: while Parliament possesses the power to amend the Constitution under Article 368, it cannot alter or destroy its fundamental features.

The Basic Structure Doctrine: Protector of Constitutional Integrity explores the evolution of India’s Constitution through the sharp, authoritative lens of Justice Rohinton Nariman. The book demonstrates that the judiciary’s introduction of this doctrine ensured that constitutional amendments must respect foundational principles—such as the supremacy of the Constitution, the rule of law, and the separation of powers—thereby protecting the nation’s democratic framework from the misuse of legislative power.

Redefining Constitutional Limits

Justice Nariman meticulously interprets Article 368, harmonizing it with all other constitutional provisions, and argues that the doctrine is fundamentally pro-people. By restraining absolute power, the doctrine acts as an impenetrable shield against governmental corruption and democratic backsliding.

• Global Precedent: Highlights India’s role in setting a powerful global precedent for constitutional integrity, showing how a judiciary can successfully check parliamentary supremacy.

• Majority vs. Minority: Critically weighs the pros and cons of applying the doctrine by diving deep into the fascinating majority and minority judgments of the Kesavananda Bharati bench.

• Judicial Supremacy: Underscores that interpreting the bounds of the Constitution’s basic structure is, and must remain, exclusively within the Judiciary’s purview.

Who Should Buy This Book?

• Constitutional Lawyers & Appellate Advocates: A must-read for framing arguments involving constitutional validity and legislative overreach before High Courts and the Supreme Court.

• Law Students (LL.B. / LL.M.): Essential for deep-diving into the most consequential legal doctrine in Indian history.

• UPSC & Judiciary Aspirants: Provides the high-level, analytical perspectives required for Mains answer writing regarding Polity and Constitutional Law.

About the Distinguished Author

Justice Rohinton Fali Nariman

Justice Rohinton Fali Nariman is a distinguished jurist, legal scholar, and former judge of the Supreme Court of India, serving on the apex bench from July 2014 until his retirement in August 2021. Known for his razor-sharp legal mind, photographic memory, and fiercely independent stance, he holds the rare distinction of being only the fifth person in Indian history to be directly elevated to the Supreme Court from the Bar.

His brilliant legal trajectory began with academic excellence, holding an LL.M. from Harvard Law School. In 1993, Chief Justice M.N. Venkatachaliah famously amended the minimum age rules to designate Nariman as a Senior Advocate at the remarkably young age of 37. He also served as the Solicitor General of India from 2011 to 2013. He is the son of the late Fali S. Nariman, another legendary titan of Indian jurisprudence.

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