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

This question was previously asked in
69th BPSC Prelims Exam Official Paper (Held On: 30 Sept, 2023)
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  1. Golaknath vs. State of Punjab
  2. Kesavananda Bharati vs. State of Kerala
  3. Minerva Mills vs. Union of India
  4. Both (1) and (2)

Answer (Detailed Solution Below)

Option 2 : Kesavananda Bharati vs. State of Kerala
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Detailed Solution

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The correct answer is Kesavananda Bharati vs. State of Kerala.

Key Points

  • In the Kesavanand Bharti vs State of Kerala Case of 1973 the Supreme Court of India enunciated the doctrine of "Basic Structure of the Constitution".
  • This case is also known as "The Fundamental Rights Case".
  • Kesavanand challenged the State of Kerala for the right to manage religiously owned property without any government interference.
  • Later, Justice Hans Raj Khanna concluded that the Parliament has the authority to amend any clause of the Constitution as long as it does not violate the Basic Structure of the Constitution.

Additional Information

  • A bench of 13 judges was set up in the Kesavanand Bharti Case, which is the highest ever bench at the Supreme Court of India.
  • Kesavanand died on 6th September 2020.

CONCLUSION:

The Supreme Court of India enunciated the doctrine of the Basic Structure of the Constitution in the Kesavanand Bharti case.

Important Points

Golaknath v. State of Punjab
  • Supreme Court ruled that parliament can not pass any amendments which take away Fundamental Rights in the Constitution
  • The case held in 1967.
Minerva Mills Ltd. and Ors. v. Union of India
  • Case which evolved the basic structure doctrine of the Constitution of India.
  • The court ruled that judicial review is a basic structure of the constitution, it could not be taken away by the parliament by amending the constitution.
A.K. Gopalan vs The State of Madras
  • Landmark cases on preventive detention.
  • Considered as the first major Article 21 case.
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