The Evaluation and Implications of Basic Structure Doctrine in Bangladesh

Abstract

This research work mainly deals with the Doctrine of Basic Structure and how it has been evaluated and implicated in Bangladesh. As the basic structure doctrine is the judge-made rule that some features of the Constitution are beyond the limit of the powers of amendment of parliament and the doctrine was first expressed in ‘Kesavananda Bharati v. The State of Kerala’ reflects judicial distress at the perceived danger to the moderate constitutional order caused by the Indian National Congress, in particular under Indira Gandhi. So in this paper I have discussed it. It also showed that the basic structure doctrine is only applicable to the constitutionality of amendments and not to ordinary Acts of Parliament, which must match to the whole of the constitution and not just to its basic structure. In this paper I have discussed about the applicability and implications of basic structure in respect to the amendments of any feature of the constitution.