Central Idea

The Supreme Court is currently deliberating on the abrogation of Article 370, which granted special status to Jammu and Kashmir.
The court is exploring whether Article 370 can be equated with the Basic Structure of the Constitution, a principle that enshrines essential features beyond the Parliament’s amendment powers.

What is Basic Structure Doctrine?
Definition	A constitutional principle that certain essential features or basic elements of the Indian Constitution cannot be amended by the Parliament.
Purpose	To preserve the core values and structure of the Constitution, protecting its democratic, secular, and federal character.
Establishment	Established by the Supreme Court in the Kesavananda Bharati v. State of Kerala case in 1973.
Essential Features	Includes supremacy of the Constitution, democratic republic, judicial review, separation of powers, federal structure, rule of law, fundamental rights, and parliamentary system.
Limitation on Amendment	Restricts Parliament’s amending power under Article 368.
Judicial Review	The Supreme Court uses the doctrine to strike down amendments that violate the Basic Structure.

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Constitutional Process: It has been argued that the abrogation of Article 370 was a purely political act and that there was no constitutional process available to revoke it.
Equating with Basic Structure: The court questioned whether considering the abrogation of Article 370 as impossible amounts to equating it with the principles of the Basic Structure of the Constitution.
Article 370 as a “Compact”: It has been contended that Article 370 was not part of the Basic Structure but a “compact” between the princely State of J&K and the Government of India, engrafted into the Indian Constitution.
Government’s Actions: Concerns have been raised about the government’s insertion of Article 367(4)(d), which some argue circumvented the “residuary power” of the State and allowed the Parliament to act as the J&K Constituent Assembly.

Permanence of Article 370: The permanence of Article 370 after the Constituent Assembly’s dissolution in 1957 and the procedure followed by the NDA government during the abrogation have been debated.
Constitutional Machinery: Criticisms have been raised that the Parliament and President took over the powers of the State without considering the views of the people of Jammu and Kashmir.
Breakdown of Constitutional Structure: Some argue that the events leading up to the abrogation constituted a “complete breakdown” of the constitutional structure, as the State’s powers were absorbed by the Centre, and the State was bifurcated without proper consent.

The Supreme Court’s ongoing hearings on the abrogation of Article 370 continue to raise important questions about its status and the process involved.
The court’s decision will have significant implications for understanding the constitutional relationship between the Centre and the States and the sanctity of special provisions like Article 370.