JAGTIV · Previous Year Questions

UPPSC

POLITY · 2014

Previous Year Question

Which one of the following cases propounded the concept of ‘Basic structure’ of the Indian Constitution?

A.

Indra Sauhney Case

B.

Shankari Prasad’s Case

C.

Rudal Shah’s Case

D.

None of the above

Correct Answer: D

Detailed Solution

The Basic Structure Doctrine of the Indian Constitution was propounded in Kesavananda Bharati v. State of Kerala (1973). The case was decided by a 13-Judge Constitution Bench on 24 April 1973.

By a 7:6 majority, the Court held that Parliament has wide power to amend the Constitution under Article 368, but it cannot destroy or alter the basic structure or framework of the Constitution.

Therefore, none of the three cases specifically listed in the options was the case in which the Basic Structure Doctrine originated.

The Indra Sawhney case is principally associated with reservation and backward classes; it was not the origin of the Basic Structure Doctrine.

Shankari Prasad was an early case concerning constitutional amendment power and Fundamental Rights, but the Basic Structure Doctrine had not yet been evolved.

Rudal Shah was an important case concerning personal liberty and compensation for illegal detention; it did not propound the Basic Structure Doctrine.

The targeted chronology is—

Shankari Prasad → Early ruling on amendment power
Kesavananda Bharati, 1973 → Basic Structure Doctrine
Indra Sawhney → Important reservation/equality ruling

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