Discussion
The doctrine of the ‘basic structure’ of the Constitution was laid down by the Supreme Court in
Answer: A
Correct answer: Kesavananda Bharati v. State of Kerala
The basic structure doctrine was laid down in Kesavananda Bharati v. State of Kerala in 1973, decided by a bench of thirteen judges - the largest ever constituted - by a majority of seven to six. The Court held that Parliament may amend any part of the Constitution, including the Fundamental Rights, but may not alter its basic structure. That structure has never been exhaustively defined, but the elements identified over time include the supremacy of the Constitution, the rule of law, judicial review, separation of powers, federalism, secularism, free and fair elections, and the independence of the judiciary. It reversed the position in Golaknath (1967), which had held that the Fundamental Rights could not be amended at all, and it has since been used to strike down the 39th Amendment, parts of the 42nd in Minerva Mills, and the 99th Amendment establishing a judicial appointments commission. Maneka Gandhi (1978) is the other landmark of the era, transforming the reading of Article 21.
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