RAS question
The concept of 'Basic Structure' of the Constitution was propounded in which year?
Correct answer: (B) 1973.
The Basic Structure doctrine of the Indian Constitution was propounded in 1973 in the Kesavananda Bharati judgment.
Explanation
The year is 1973 because the Supreme Court delivered the Kesavananda Bharati judgment on 24 April 1973. The case arose from a challenge by Sri Kesavananda Bharati to the constitutional validity of the 24th, 25th and 29th Amendments, which raised major questions about Parliament's power to amend the Constitution. A 13-judge bench heard the matter, and by a 7:6 majority the Court propounded the Basic Structure doctrine. The ruling accepted that Parliament can amend constitutional provisions, but held that it cannot alter the Constitution's basic structure. That is why 1973, not a later reaffirmation or a related amendment year, is the date attached to the doctrine's origin.
Why the other options are wrong
- (A) 1967 refers to the Golaknath case, which is part of the amendment-power background but did not propound the Basic Structure doctrine.
- (C) 1980 refers to the Minerva Mills case, which reaffirmed the Basic Structure doctrine rather than originating it.
- (D) 1976 is linked to the 42nd Amendment, not to the Supreme Court's propounding of the Basic Structure doctrine.
Concept
This tests the constitutional-amendment doctrine under Indian Polity, especially the limit on Parliament's amending power. It recurs in RAS because Kesavananda Bharati anchors questions on judicial review, constitutional supremacy and landmark Supreme Court judgments.