Question

Supreme court has decided in Keshavanand Bharati V/s. State of Kerala, that

• A. Parliament can amend any provision of the constitution
• B. Parliament cannot amend any provision of the constitution
• C. Parliament can amend any provision of the constitution but not to alter the basic structure and basic feature of the constitution
• D. None of the above

Hint:

The "Basic Structure Doctrine" from the Kesavananda Bharati case is one of the most important concepts in Indian Constitutional Law. It is a judicial innovation that acts as a check on the legislative power of Parliament.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the core principle laid down by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala.

Step 3: Detailed Explanation:
In the historic case of Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench of the Supreme Court considered the extent of Parliament's power to amend the Constitution under Article 368. The Court, while upholding the power of the Parliament to amend the Constitution, including the Fundamental Rights, laid down a crucial limitation. It held that Parliament's amending power is not unlimited and does not extend to altering the "basic structure" or "basic features" of the Constitution.
- Option (A) is incorrect because the court imposed a significant limitation.
- Option (B) is incorrect as the court affirmed the power to amend.
- Option (C) accurately summarizes the majority view in the judgment. The court ruled that while Parliament can amend any part of the Constitution, it cannot abrogate or destroy its fundamental framework or identity. What constitutes the "basic structure" has been evolved by the court in subsequent cases (e.g., supremacy of the Constitution, rule of law, separation of powers, secularism, federalism).

Step 4: Final Answer:
The Supreme Court decided in the Kesavananda Bharati case that Parliament can amend any provision of the constitution but not to alter its basic structure and basic features.