Question

The concept of "Basic Structure" of the Constitution was established in which case?

• A. Golaknath case
• B. Kesavananda Bharati case
• C. Minerva Mills case
• D. ADM Jabalpur case

Hint:

Remember: Golaknath = No amendment of FRs; Kesavananda = Basic Structure; Minerva Mills = Reinforced Basic Structure.

Answer 1

The Correct Option is B

Step 1: Understanding the Basic Structure Doctrine.
The Basic Structure doctrine limits the Parliament's power to amend the Constitution. It states that certain fundamental principles, such as rule of law, separation of powers, secularism, and judicial review, cannot be altered even through constitutional amendments.
Step 2: Identifying the Case.
The doctrine was established by the Supreme Court in the 1973 Kesavananda Bharati vs State of Kerala case. In this landmark judgment, a 13-judge bench held that Parliament can amend any part of the Constitution but cannot destroy or alter its basic structure.
Step 3: Eliminating Incorrect Options.
(A) Golaknath case restricted Parliament's power to amend Fundamental Rights but did not define Basic Structure.
(C) Minerva Mills case reinforced the Basic Structure doctrine but did not originate it.
(D) ADM Jabalpur case dealt with the suspension of Fundamental Rights during Emergency, not Basic Structure.
Step 4: Conclusion.
Hence, the concept of Basic Structure was established in the Kesavananda Bharati case (1973).