Question

Consider the following statements on the Kesavananda Bharati case (1973):

1. It declared that amendments cannot affect the basic structure of the Constitution.

2. The concept was borrowed from the US Constitution.

3. Parliament's power to amend is unlimited except for basic elements.

Which of the statements given above is/are correct? (A) (B) (C) (D)

• A. 1 and 3 only
• B. 2 only
• C. 1 only
• D. 1, 2 and 3

Answer 1

Answer:

A. 1 and 3 only

Kesavananda Bharati Case (1973)

• Statement 1: Correct
  The Supreme Court, in this landmark judgment, established the 'Basic Structure Doctrine'. This doctrine posits that while Parliament has the power to amend the Constitution, it cannot alter or destroy its fundamental framework or 'basic features'. This decision placed significant limitations on the amending power of the Parliament.

• Statement 2: Incorrect
  The concept of the 'basic structure' was not borrowed from the US Constitution. While the US has a doctrine of judicial review that limits legislative power, the specific formulation of the 'basic structure doctrine' is an Indian innovation, primarily developed through the pronouncements of the Indian judiciary in cases like Golaknath and culminating in Kesavananda Bharati.

• Statement 3: Correct
  This statement accurately reflects the outcome of the Kesavananda Bharati case. Parliament can amend any part of the Constitution, but such amendments are subject to the restriction that they do not violate the basic structure. This means the amending power is wide but not absolute.

Background and Significance:

• The case involved a challenge to the Kerala Land Reforms Act, 1963, and the subsequent constitutional amendments made to protect it.

• The Supreme Court, in a 7-judge bench, delivered its judgment by a narrow margin of 7-6.

• This judgment is considered one of the most important in Indian constitutional history as it balanced the power of Parliament to amend the Constitution with the need to protect its fundamental principles and democratic ethos.

• It overruled the earlier decision in the Golaknath case (1967) which had held that Parliament could not amend Fundamental Rights.

Key Takeaways for Exams:

• Basic Structure Doctrine: Essential concept to remember.

• Year of Judgment: 1973.

• Court: Supreme Court of India.

• Impact: Limited Parliament's amending power, safeguarding the Constitution's core values.