The Indian Constitution follows abasic structure which lays down the very foundation of the Constitution. The founding fathers of the Constitution adopted a very flexible framework rather than a rigid one for governance. Hence provisions for amendment of the Constitution were made under Article 368. Accordingly, the Parliament is vested with the power to make amendments by way of addition or variation in law by the procedure laid down.
The Constitution of India empowers the Parliament and the State Legislatures to make laws within their respective jurisdiction. But this power is not an absolute power. Any law made by the Parliament which is inconsistent with the provisions of the Constitution can be declared invalid by the Supreme Court. The Supreme Court in the case of Kesavananda Bharat held that the Parliament cannot alter the basic structure of the Constitution. Thus, the SC has adopted the basic structure doctrine in which the Parliament cannot damage, emasculate or destroy the ‘basic structure’.