Consider the following statements regarding the Kesavananda Bharati Case (1973): The Supreme Court ruled that Parliament cannot amend the basic structure of the Constitution. The case overturned the 24th Constitutional Amendment Act of 1971. The basic structure doctrine applies only to amendments made by a special majority of Parliament. Which of the statements given above is/are correct?

Consider the following statements regarding the Kesavananda Bharati Case (1973):

The Supreme Court ruled that Parliament cannot amend the basic structure of the Constitution.
The case overturned the 24th Constitutional Amendment Act of 1971.
The basic structure doctrine applies only to amendments made by a special majority of Parliament.

Which of the statements given above is/are correct?

A1 only

B2 and 3 only

C1 and 3 only

DNone of the above

Answer:

The Kesavananda Bharati v. State of Kerala case, decided on April 24, 1973, is a monumental judgment in Indian constitutional history. It involved the largest ever bench of the Supreme Court, comprising 13 judges, who delivered a narrow 7:6 majority verdict.

The most significant outcome was the pronouncement of the 'Basic Structure Doctrine'. The Supreme Court ruled that while Parliament has the power to amend the Constitution under Article 368, this power is not absolute.
Parliament cannot amend, alter, or destroy the basic structure or fundamental framework of the Constitution. This effectively puts a limitation on the amending power of Parliament.
This doctrine was a response to the perceived parliamentary overreach and attempts to alter fundamental principles of the Constitution.

The 24th Constitutional Amendment Act (CAA) of 1971 was enacted to counteract the Supreme Court's verdict in the Golaknath Case (1967), which had declared that Parliament could not amend Fundamental Rights.
The 24th CAA aimed to restore Parliament's power to amend any part of the Constitution, including Fundamental Rights, and made it obligatory for the President to assent to constitutional amendment bills.
In the Kesavananda Bharati case, the Supreme Court upheld the validity of the 24th Constitutional Amendment Act. However, it qualified Parliament's power by stating that even while amending Fundamental Rights (as per the 24th CAA), the basic structure of the Constitution could not be violated. Therefore, the 24th CAA was not overturned but its scope was limited by the Basic Structure Doctrine.

The Basic Structure Doctrine applies to any amendment made under Article 368 of the Constitution. Article 368 itself specifies the procedure for constitutional amendments, which invariably requires a special majority in Parliament (two-thirds of members present and voting, and a majority of the total membership of each House).
The doctrine limits the *nature* of the amendment, ensuring that the core identity of the Constitution is preserved, irrespective of the majority used to pass the amendment. It does not distinguish between amendments based on the type of special majority, but rather on their impact on the fundamental principles.

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