Question

In which case the Supreme court established the principles of basic structure of the constitution ?

• A. Kesavananda Bharati Case
• B. Shankari Prasad Case
• C. Golak Nath Case
• D. S.R. Bommai Case

Answer 1

Answer:

A. Kesavananda Bharati Case

• The Supreme Court established the principles of the basic structure of the Constitution in the landmark case of Kesavananda Bharati v. State of Kerala (1973).

The court's judgment, delivered by a 7-6 majority, held that while Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy its "basic structure." The court didn't provide an exhaustive list of what constitutes the basic structure, but it identified several key features, leaving it to the judiciary to determine in each case. These features are considered so fundamental that they form the core identity of the Constitution and cannot be changed by any amendment.

Some of the principles identified as part of the basic structure include:

• The supremacy of the Constitution.

• The republican and democratic form of government.

• The secular and federal character of the Constitution.

• The separation of powers between the legislature, executive, and judiciary.

• The rule of law.

• Judicial review.

The Kesavananda Bharati case is considered one of the most significant judgments in Indian legal history, as it effectively placed a check on the unlimited power of Parliament to amend the Constitution and protected the fundamental values upon which it was built.