- In this judgement, the Supreme Court held that Parliament has the power to amend any part of the Constitution, including Fundamental Rights, but cannot alter or destroy the 'basic structure' of the Constitution. - This ruling overturned the previous judgement in Golaknath vs State of Punjab (1967), which had held that Fundamental Rights could not be amended.
Which among the following Supreme Court Judgements established the principle that the 'basic structure' of the Constitution of India was unamendable?
Asked in UPSC Geoscientist 2022 · Topic: Constitutional Amendments (Limitations on Amending Power: The 'Basic Structure Doctrine' (Genesis, evolution, and major cases like Kesavananda Bharati))
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Answer: B. Kesavananda Bharati vs State of Kerala
More Indian Polity and Governance questions
- Which of the following statement(s) is(are) correct? 1. The Constitution amending power embodied in Article 368 is subject to the doctrine of 'Basic structure' propounded by the Supreme Court in Kesavananda Bharati V. State of Kerala. 2. For Constitution amendment prior permission of the President of India is required. 3. The Constitution amendment Bill should initiate in Lok Sabha.
- Which of the following elements come under basic structure of the Indian Constitution as declared by the Supreme Court? 1. Federalism 2. Social Justice 3. Effective Access to justice 4. Freedom and Dignity of the individual
- In which case did The Supreme Court give the doctrine of 'Basic Structure' of the constitution ?
- Given below are two statements : Statement I : ‘The doctrine of basic structure’ has been propounded by the Supreme Court in the Kesavananda Bharati case in 1973. Statement II : The Indian Parliament has the power to amend the whole Constitution. In the light of the above statements, choose the correct answer from the options given below :
- Consider the following statements : 1. The basic structure doctrine is defined in the Constitution. 2. There are certain basic features of the Constitution which cannot be altered in exercise of the power to amend under Article 368. 3. The Parliament can amend all provisions of the Constitution and judicial review shall not apply to such amendments. 4. The basic features of the Constitution have been listed by the Supreme Court exhaustively in the Golak Nath case law. Which of the above statement(s) is/are true in the context of the Basic Structure Doctrine ?
- The 'basic structure' theory of the Constitution of India is implied from
- Which among the following is not a basic feature of the Constitution of India ?
- Which of the following statements are correct in respect of Basic Structure of Indian Constitution? (1) It is a form of Judicial Review (2) It is used to test the legality of any legislation by the Courts (3) The Doctrine of Basic Structure of Constitution gave free hand to Parliament to amend any part of Constitution (4) The Constitution of India define 'basic structure' in terms of Federalism, Secularism Fundamental Rights and Socialism
