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The doctrine of 'Basic Structure of Constitution' emerged in which event?

The doctrine of 'Basic Structure of Constitution' emerged in which event? Correct Answer Keshavananda Bharati vs State of Kerala

The correct answer is Keshavananda Bharati vs State of Kerala.

Key Points

  • Doctrine of Basic Structure
    • It is a judicial principle developed by the Supreme Court of India in 1973.
    • This principle emerged in the Keshavananda Bharati judgment.
    • The Parliament of India is vested with the power of amending the Constitution (Article 368). But, the doctrine of basic structure restricts the powers of the Parliament.
    • According to this, the Supreme Court has the power to declare any law void if it is found to be unconstitutional.
    • Any amendment that tries to change the basic structure of the constitution is considered unconstitutional, though the term 'basic structure' is not mentioned in the constitution and has evolved over time.
    • This principle thus helps to protect and preserve the spirit of the constitution document.
  • According to the judgment, the following are taken as the basic structure of the Constitution:
    • The supremacy of the Constitution
    • Unity and sovereignty of India
    • A democratic and republican form of government
    • Federal character of the Constitution
    • Secular character of the Constitution
    • Separation of power
    • Individual freedom

Additional Information

  • The features given below have been later added to the above list:
    • Rule of law
    • Judicial review
    • Parliamentary system
    • Rule of equality
    • Harmony and balance between the Fundamental Rights and DPSP
    • Free and fair elections
    • Limited power of the parliament to amend the Constitution
    • Power of the Supreme Court under Articles 32, 136, 142 and 147
    • Power of the High Court under Articles 226 and 227
  • The judgment hence implied that the Parliament has the right to amend the Constitution and not rewrite or destroy it.

Related Questions

The following are the two statements relating to the theory of probability. Indicate the statements being correct or incorrect.
Statement I The probability of the joint occurrence of independent events A and B is equal to the probability of event A multiplied by the probability of event B or vice-versa.
Statement II The probability of the joint occurrence of independent event A and dependent event B is equal to the probability of event A multiplied by the conditionalprobability of event B when event A has occurredor vice-versa.
Consider the following statements with reference to the Preamble to the Constitution. 1. The Preamble is a modified version of the Poorna Swaraj pledge of Indian National Congress. 2. The Preamble is neither a part of the basic structure of the Constitution nor a justiciable part of the Constitution. 3. The Supreme Court, in the KesavanandaBharati Case held that the Preamble can be amended subject to the doctrine of “Basic Structure of the Constitution”. Which of the statements given above is/are correct?
Which of the following statements is/are correct?
1. When the court declares certain provisions of the Act as invalid and affects the validity of that Act, this principle is known as Doctrine of Severability.
2. It is the prospective character of Article 13(1) which gives rise to the Doctrine of Eclipse.
3. The American doctrine of waiver of Fundamental Rights is part of the Indian Constitution.
4. The doctrine of prospective overruling was not applied in I. C. Golaknath v. State of Punjab.
Which of the following statement is correct? Answer using given below:
(1) Doctrine of indoor management apply in case of knowledge of irregularity in company.
(2) Doctrine of indoor management does not apply in case of suspicion of irregularity.
(3) Doctrine of indoor management apply in case of forgery.
(4) Doctrine of indoor management does not apply if the act of an officer of a company is one which would ordinarily be beyond the powers of such an officer.
Matters pertaining to the validity of exercise of legislative power as distributed between the Union and the States under different lists are scrutinized with the help of which of the following principles?
1. Doctrine of Severability
2. Doctrine of Colourable Legislation
3. Doctrine of Eclipse
4. Doctrine of Pith and Substance
Select the correct answer:
Which of the following statements is/are correct? A. Fraternity is a core value of the Indian Constitution. B. It is a core value because it is explicitly mentioned in Part III of the Indian Constitution. C. It is not a core value of the Indian Constitution because it is not mentioned in the Constitution of India. D. It is a core value because it is a part of the Preamble and has been held to be part of the basic structure of the Constitution.
The doctrine of 'basic structure' emerged in the case of
Assertion (A): The power of amendment under Article 368 does not include the power to alter the basic structure of the Constitution.
Reason (R): The right to equality does not form part of basic structure of the Constitution.
In which of the following cases the Supreme Court held that Art. 31-c was beyond the amending power of the parliament and was void since it destroyed the basic features of the constitution. The court observed that the constitution is founded on the bed rock of the balance between Part. III and Part IV. To give absolute primary to one over the other is to disturb the harmony of the constitution which is essential feature of the Basic Structure.
Arrange the given words in the sequence in which they occur in the dictionary. 1. Basic industry 2. Basic pay 3. Basic rate 4. Basic plumage 5. Basic price