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Question

In which case did the SC hold that judicial review is a basic feature of the Constitution?

This question was previously asked in
RRB NTPC 2024 CBT 1 Question Paper (28-Aug-2025) (Shift 3)
The correct answer is
Kesavananda Bharati case

Judicial Review as Basic Feature

The question asks in which significant Supreme Court (SC) case the principle of judicial review was declared a basic feature of the Indian Constitution.

Landmark Case: Kesavananda Bharati

The Supreme Court of India, in the landmark case of Kesavananda Bharati v. State of Kerala (1973), established the 'Basic Structure Doctrine'.

  • This doctrine asserts that while the Parliament has the power to amend the Constitution, it cannot alter or destroy its 'basic structure' or fundamental features.
  • The SC explicitly held that judicial review is an integral part of this basic structure.
  • This means the judiciary has the power to review any law or constitutional amendment to ensure it does not violate the basic structure of the Constitution.

Analysis of Other Options

While other cases are crucial in constitutional law, they did not specifically establish judicial review as a basic feature in the same way:

  • Shankari Prasad v. Union of India (1951) and Sajjan Singh v. State of Rajasthan (1965) dealt with the power of Parliament to amend Fundamental Rights, generally upholding it.
  • Golaknath v. State of Punjab (1967) initially held that Parliament could not amend Fundamental Rights, but this was later superseded by Kesavananda Bharati.
  • The Shah Bano Case (1985) primarily dealt with maintenance rights for Muslim women under personal law and its interplay with secular law, not the basic structure doctrine regarding judicial review.

Therefore, the Kesavananda Bharati case is the definitive ruling that established judicial review as a basic feature of the Constitution.

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