UPPSC PCS - 2014
Which one of the following cases propounded of the concept of ‘Basic Structure’ of the Indian Constitution ?
Year Asked: 2014
Correct Answer
D. None of the above
Detailed Explanation
The answer is D. The basic structure doctrine was propounded in Kesavananda Bharati vs State of Kerala (1973), a 13-judge bench that held Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure. None of the three cases listed is the source.
- A) Indra Sawhney (1992): The Mandal case. It upheld 27% OBC reservation, introduced the creamy layer exclusion and capped total reservation at 50%. It is not about basic structure.
- B) Shankari Prasad (1951): The first amendment challenge. The Court held that the Article 368 amendment power extended to Fundamental Rights, so basic structure had not yet emerged. The spelling in the option is a typo.
- C) Rudal Shah (1983): It widened Article 21 remedies, granting compensation for illegal detention. It has no link to basic structure.
Core concept: the basic structure limits constituent power and is enforceable through judicial review. It connects to Mains GS-II on the Parliament-judiciary relationship and to the NJAC verdict (2015), which was struck down on basic structure grounds.
Trap: Aspirants pick Shankari Prasad or Golaknath because they are amendment cases in the same chain. Golaknath (1967) was the step before Kesavananda, but it did not propound the doctrine.
This question appeared in UPPCS 2014 GS Paper 1.
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