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Q86 (NDA-II/2015) Polity & Governance › Constitutional Basics & Evolution › Basic structure doctrine Answer Verified

The ‘Basic Structure Doctrine’ was enunciated by the Supreme Court during the:

Result
Your answer: —  ·  Correct: C
Explanation

The 'Basic Structure Doctrine' was enunciated by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973) [3]. In this historic 7:6 majority decision, a 13-judge bench ruled that while Parliament has the power to amend any part of the Constitution under Article 368, it cannot alter or destroy its 'basic structure' [3]. This doctrine serves as a judicial limitation on the amending power of the legislature to ensure the Constitution's essential identity remains intact [5]. While the Golak Nath case (1967) previously restricted Parliament from amending fundamental rights, it did not propound the basic structure doctrine. Subsequent cases like S.R. Bommai (1994) further expanded the doctrine by identifying secularism and federalism as part of this basic structure [2]. The doctrine remains a cornerstone of Indian constitutional law, ensuring judicial review of constitutional amendments [3].

Sources

  1. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > ELEMENTS OF THE BASIC STRUCTURE > p. 129
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > KESAVANANDA BHARATI CASE (1973) > p. 626
  3. [5] https://ww2.jacksonms.gov/browse/jhqfQO/271009/10_judgements_that-changed-india.pdf
  4. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > Table 12.1 Evolution of the Basic Structure of the Constitution > p. 130
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