Question

In which famous case, the Hon'ble Supreme Court said that there are certain basic features of the Constitution and these cannot be changed by Parliament.

• A. Golaknath v. State of Punjab
• B. Kesavananda Bharati v. State of Kerala
• C. Waman Rao v. Union of India
• D. Minerva Mills v. Union of India \& Ors

Hint:

The \textit{Kesavananda Bharati} case is arguably the most important judgment in Indian constitutional law. Remember the year (1973) and its core contribution: the Basic Structure Doctrine, which establishes a balance between Parliament's power to amend and the need to preserve the core identity of the Constitution.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept
The question asks to identify the landmark Supreme Court case that established the "Basic Structure Doctrine". This doctrine holds that while Parliament has the power to amend the Constitution, it cannot alter or destroy its "basic structure" or fundamental features.

Step 2: Analyzing the Landmark Cases


(A) Golaknath v. State of Punjab (1967): In this case, the Supreme Court held that Fundamental Rights could not be amended by Parliament at all. This rigid stance was later overturned.

(B) Kesavananda Bharati v. State of Kerala (1973): This is the seminal case in which the Supreme Court, by a narrow 7-6 majority, propounded the "Basic Structure Doctrine". It overruled the Golaknath case to the extent that it said Parliament can amend any part of the Constitution (including Fundamental Rights), but subject to the condition that it cannot abrogate the "basic structure" of the Constitution.

(C) Waman Rao v. Union of India (1981): This case further clarified the Basic Structure Doctrine, stating that it would apply to constitutional amendments enacted after the date of the Kesavananda Bharati judgment (April 24, 1973).

(D) Minerva Mills v. Union of India \& Ors (1980): This case reinforced the Basic Structure Doctrine by striking down parts of the 42nd Amendment that gave unlimited amending power to Parliament, stating that "limited amending power" is itself a basic feature.


Step 3: Final Answer
The Basic Structure Doctrine was laid down by the Supreme Court in the Kesavananda Bharati case. Therefore, option (B) is the correct answer.