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RAS question

The 'Basic Structure Doctrine' of the Indian Constitution was propounded in which case?

Correct answer: (C) Kesavananda Bharati v. State of Kerala (1973).

The Basic Structure Doctrine of the Indian Constitution was propounded in Kesavananda Bharati v. State of Kerala (1973), where the Supreme Court held that Parliament may amend any part of the Constitution but may not damage its basic structure.

  1. (A)

    A.K. Gopalan v. State of Madras (1950)

  2. (B)

    Golaknath v. State of Punjab (1967)

  3. (C)

    Kesavananda Bharati v. State of Kerala (1973)

  4. (D)

    Minerva Mills v. Union of India (1980)

Explanation

Kesavananda Bharati v. State of Kerala is the case to remember because the doctrine was framed around the limits of Parliament's amending power. The cited Supreme Court judgment describes Kesavananda as the locus classicus on constitutional amendments and records that the 13-Judge Bench, by a 7-6 majority, partly overruled Golak Nath. It held that although Parliament could amend any part of the Constitution, it could not damage the Constitution's basic structure. That rule is why Kesavananda is treated as the decisive Indian constitutional law case on amendment power: Article 368 gives Parliament wide power to amend, but that power stops where the Constitution's fundamental architecture would be altered.

Why the other options are wrong

  • (A) A.K. Gopalan v. State of Madras (1950) is not the propounding case because the Supreme Court's account traces the basic structure doctrine to Kesavananda in the context of constitutional amendments.
  • (B) Golaknath v. State of Punjab (1967) is a precursor, but the cited judgment says Kesavananda partly overruled Golak Nath and then stated the amend-any-part-but-not-basic-structure rule.
  • (D) Minerva Mills v. Union of India (1980) came after Kesavananda, so it was a later basic-structure case rather than the case in which the doctrine was first propounded.

Concept

This tests the constitutional-amendment power and judicial review under Article 368. It recurs in RAS because landmark Supreme Court cases define how far Parliament can go while amending the Constitution.

Source

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