UPPSC PCS - 2015
Which of the following cases outlines the basic structure doctrine of the Indian Constitution?
Year Asked: 2015
Correct Answer
C. KeshavaNand Bharti v/s Kerala State
Detailed Explanation
The correct answer is C. In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench 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 has no fixed list. Courts decide what is basic, and examples cited in later judgments include democracy, secularism, federalism, the rule of law and judicial review.
- Gopalan v. State of Madras (1950): Dealt with preventive detention under Article 22 and gave a narrow reading of Article 21 (procedure established by law). It did not discuss basic structure.
- Golaknath v. State of Punjab (1967): Held that Parliament could not amend Fundamental Rights at all. Kesavananda later overruled this position, so it is the trap option, not the source of the doctrine.
- None of these: Incorrect, because Kesavananda clearly laid down the doctrine.
Core concept: limited amending power. It links to the Mains theme of constitutional supremacy and the Parliament versus judiciary debate, including the 99th Amendment (NJAC), which the Supreme Court struck down in 2015 on basic structure grounds.
Trap: Students pick Golaknath because it is the well-known amendment-power case from 1967. Remember the sequence: Golaknath restricted amendment; Kesavananda introduced the basic structure doctrine.
This question appeared in UPPCS 2015 GS Paper 1.
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