What does the 'basic structure doctrine' established by the Supreme Court hold?
Show answer & explanation
Correct answer: B
Explanation
Solution: The correct answer is Parliament cannot alter the core identity of the Constitution.
Explanation:
☛ The Basic Structure Doctrine was established by the Supreme Court of India in the landmark Kesavananda Bharati v. State of Kerala case on 24 April 1973.
☛ A 13-judge Constitutional Bench ruled by a 7-6 majority that under Article 368, Parliament possesses amending power, but it cannot alter, damage, or destroy the core identity (basic features) of the Constitution.
☛ This doctrine places substantive constitutional limitations on the amending power of Parliament, preventing it from turning into a totalitarian body.
Extra Exam-Relevant Facts:
☛ Undefined Term: The term 'Basic Structure' is not defined anywhere in the Constitution; its elements are determined by the judiciary on a case-by-case basis.
☛ Key Elements: Core features include the Supremacy of the Constitution, Secularism, Federalism, Separation of Powers, and Judicial Review.
☛ Minerva Mills Case (1980): The Supreme Court struck down clauses of the 42nd Amendment and reaffirmed that limited amending power is itself a basic feature.
☛ Indira Nehru Gandhi v. Raj Narain (1975): The Supreme Court applied this doctrine for the first time to invalidate the 39th Constitutional Amendment Act.
Important One-Liners for Upcoming Exams:
☛ Which landmark case established the 'Basic Structure Doctrine' in India? → Kesavananda Bharati v. State of Kerala (1973)
☛ How many judges constituted the bench in the Kesavananda Bharati case? → 13 Judges (the largest-ever bench)
☛ Which Article of the Constitution deals with Parliament's power to amend the Constitution? → Article 368
☛ In which case was Judicial Review firmly upheld as part of the basic structure? → Minerva Mills Case (1980)
☛ In which 1967 case did the Supreme Court initially rule that Parliament cannot amend Fundamental Rights? → Golaknath v. State of Punjab