Question

In which of the following cases was the basic structure doctrine applied without a constitutional amendment being challenged?

• A. Supreme Court Advocates-On-Record Association v. Union of India AIR 1994 SC 268
• B. SR Bommai v. Union of India (1994) 3 SCC 1
• C. Kihoto Hollohan v. Zachillhu and Others 1992 SCR (1) 686
• D. Sankari Prasad Singh Deo v. Union of India AIR 1951 SC 458

Answer 1

The Correct Option is B

The case of SR Bommai v. Union of India (1994) is significant as the basic structure doctrine was applied even though there was no constitutional amendment being challenged. The Supreme Court held that secularism is a part of the basic structure of the Constitution, and the President’s Rule imposed under Article 356 must align with the principles of the Constitution, including secularism.

Option a) Supreme Court Advocates-On-Record Association v. Union of India dealt with judicial independence and the appointment of judges but did not directly apply the basic structure doctrine without a constitutional amendment.

Option c) Kihoto Hollohan v. Zachillhu focused on the Tenth Schedule (anti-defection law) and its validity but did not involve applying the basic structure doctrine in this man-ner.

Option d) Sankari Prasad Singh Deo v. Union of India upheld the First Amendment and did not address the basic structure doctrine, as it was a pre-Kesavananda Bharati case

Hence, the correct answer is b) SR Bommai v. Union of India (1994).