PREVIOUSLY ASKED IN:
PSC Miscellaneous Prelims 2018
Answer
Keshavananda Bharati Case
Explanation
The Supreme Court of India propounded the 'Basic Structure Doctrine' in the historic Keshavananda Bharati vs State of Kerala case in 1973. It was delivered by the largest ever bench of 13 judges. The judgement stated that while Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy the 'basic structure' or fundamental features of the Constitution. This remains one of the most landmark judgements in Indian legal history.
Key Points
- > The Keshavananda Bharati case verdict was delivered on April 24, 1973.
- > It involved a 13-judge constitutional bench, the largest in India's history.
- > The verdict was passed by a narrow majority of 7:6.
- > It established that Parliament's amending power under Article 368 is not absolute.
- > It overruled the Golaknath case (1967) which stated Parliament cannot amend Fundamental Rights.
- > Secularism, democracy, and judicial review are considered parts of the basic structure.
- > The Minerva Mills case (1980) later reaffirmed and strengthened this doctrine.
Additional Information
Landmark Supreme Court Cases
| Case Name | Year | Key Issue/Ruling |
|---|---|---|
| Golaknath Case | 1967 | Parliament cannot amend Fundamental Rights |
| Keshavananda Bharati | 1973 | Basic Structure Doctrine established |
| Minerva Mills | 1980 | Balance between DPSP and Fundamental Rights |
| S. R. Bommai | 1994 | Misuse of Article 356 & Secularism as basic feature |
Memory Tips
- Mnemonic: KB (Keshavananda Bharati) created the BS (Basic Structure).
- Date Connection: April 24, 1973 is the date of this verdict, which is also National Panchayati Raj Day and Sachin Tendulkar's birthday.