The year 2023 marks the 50th anniversary of
the Indian Supreme Court’s landmark case “Kesavananda Bharati v. State of
Kerala,” establishing that the Indian Constitution possesses an unwritten
“basic structure." According to the Court, this "basic
structure" is inviolable and unamendable. It includes federalism, the
separation of powers, and judicial independence, for instance. The Court has
invoked the "basic structure" doctrine to strike down constitutional
amendments believed by a simple judicial majority to violate these unwritten
rules and principles. In this panel, scholars will explore whether the U.S.
Constitution is anchored in a similar “basic structure."
The Section held a virtual business meeting prior to the Annual Meeting.