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In which case(s) did the Supreme Court of India give for the first time the doctrine of 'basic structure' of the Constitution?

  • A.Golaknath vs. State of Punjab
  • B.Kesavananda Bharati vs. State of Kerala
  • C.Minerva Mills vs. Union of India
  • D.Both (A) and (B)

Answer: B

The doctrine was first given in Kesavananda Bharati vs. State of Kerala.

In 1973 a thirteen-judge bench held, by a majority of 7 to 6, that Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure. This was the first statement of the basic structure doctrine.

Golaknath (1967) held that Parliament could not amend Fundamental Rights at all, without speaking of a basic structure, so 'Both' is wrong. Minerva Mills (1980) applied and strengthened the doctrine but did not create it.

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