Q:
The basic structure doctrine with regard to the Constitution of India relates to
1.the power of judicial review
2.the judgment in Kesavananda Bharati case (1973)
3.the constraints on Article 368 of the Constitution of India
4.the judgment in Golaknath case (1967)
Select the correct answer using the code given below.
Answer & Explanation
Answer: A) 1, 2 and 3 only
Explanation: The Golaknath Case of 1967 relates to the power of the Parliament to curtail the Fundamental Rights provided in the Constitution.In 1967, the Supreme Court reversed its earlier decisions in Golaknath v. State of Punjab. It held that Fundamental Rights included in Part III of the Constitution are given a "transcendental position" and arebeyond the reach of Parliament. It also declared any amendment that "takes away or abridges" a Fundamental Right conferred by Part III as unconstitutional. By 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna's judgment in the landmark decision of Kesavananda Bharati v. State of Kerala.
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