UPPSC PCS - 2020

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

Year Asked: 2020

A
The Golaknath Case in 1967
B
The Keshavanand Bharati Case in 1973
C
The Shankari Prasad Case in 1951
D
The Sajjan Singh Case in 1965

Correct Answer

B. The Keshavanand Bharati Case in 1973

Detailed Explanation

The correct answer is B. In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench, the largest ever constituted, held by a 7:6 majority that Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure. The doctrine is judge-made, not written into the text.

Why the others are wrong:

  • A (Golaknath, 1967): The Court held that Parliament cannot amend Fundamental Rights at all. It did not use the basic structure idea.
  • C (Shankari Prasad, 1951): Upheld the First Amendment and held that Article 368 covers amendments to Fundamental Rights too.
  • D (Sajjan Singh, 1965): Upheld the 17th Amendment and reaffirmed Parliament's wide amending power. Only a dissent by Justice Mudholkar hinted at limits.

Core concept: limits on constitutional amendment power and the role of judicial review. For Mains GS2, connect this to Minerva Mills (1980) and Waman Rao (1981), which reinforced the doctrine.

Trap: candidates pick Golaknath because it is the first case that limited Parliament's power. Remember that the basic structure doctrine was first formally articulated in Kesavananda Bharati.

This question appeared in UPPCS 2020 GS Paper 1.

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