JAGTIV · Previous Year Questions

UPPSC

POLITY · 2016

Previous Year Question

The Supreme Court of India enunciated the doctrine of ‘Basic Structure of the Constitution’ in

A.

The Golaknath Case in 1967

B.

The Sajjan Singh Case in 1965

C.

The Shankari Prasad Case in 1951

D.

The Kesavananda Bharati Case in 1973

Correct Answer: D

Detailed Solution

The Supreme Court propounded the Basic Structure Doctrine in Kesavananda Bharati v. State of Kerala, decided on 24 April 1973. The case was heard by a 13-Judge Constitution Bench, and the decision was delivered by a 7:6 majority.

According to this doctrine, Parliament has wide power to amend the Constitution under Article 368, but that power is not unlimited. Parliament cannot make a Constitutional Amendment that destroys or alters the Basic Structure of the Constitution.

Before this case, decisions such as Shankari Prasad (1951), Sajjan Singh (1965) and Golaknath (1967) had examined the relationship between Parliament's amending power and Fundamental Rights; however, the Basic Structure Doctrine was propounded in the Kesavananda Bharati case.

Thus, for examination purposes, the association Basic Structure Doctrine → Kesavananda Bharati → 1973 → 13-Judge Bench → 7:6 majority is particularly useful to remember.

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