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Question

The "Doctrine of Basic Structure" was recognised by the Supreme Court for the first time in the case of _______ .

The correct answer is
Kesavananda Bharati v. State of Kerala

Basic Structure Doctrine First Recognition Case

The question asks to identify the landmark case where the Supreme Court of India first recognised the "Doctrine of Basic Structure".

Understanding the Doctrine of Basic Structure

The Doctrine of Basic Structure is a crucial principle in Indian constitutional law. It asserts that the Parliament of India has the power to amend any part of the Constitution, including fundamental rights, but cannot alter its 'basic structure' or fundamental features. This doctrine acts as a limitation on the amending power of the Parliament.

Landmark Case Recognition

The Supreme Court explicitly recognised and elaborated upon the Doctrine of Basic Structure for the first time in the case of:

  • Kesavananda Bharati v. State of Kerala (1973)

This historic judgment established that while the Constitution is amendable, its core framework, or 'basic structure', must be preserved. The court held that amendments violating this basic structure would be unconstitutional.

Case Analysis

Let's look at why Kesavananda Bharati v. State of Kerala is the correct answer:

  • Kesavananda Bharati v. State of Kerala: This case is celebrated for propounding the Doctrine of Basic Structure. The Supreme Court, in its judgment, outlined the essential features of the Constitution that cannot be abrogated through amendments under Article 368.
  • S.R. Bommai v. Union of India (Option 1): This case dealt primarily with the scope of Article 356 (President's Rule) and the federal structure, though it relied on the basic structure principle. It was not the first recognition.
  • Avinash Mehrotra v. Union of India and Others (Option 2): This is a more recent case related to education and does not pertain to the initial recognition of the basic structure doctrine.
  • Mierva Mills v. Union of India (Option 3): This case does not relate to the establishment of the basic structure doctrine.

Therefore, the first case to recognise the Doctrine of Basic Structure was Kesavananda Bharati v. State of Kerala.

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Important Questions from Constitution

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  4. The Constitution of India under______________directs the State policy to secure that childhood and youth are protected against exploitation and against moral and material abandonment.

  5. Which of the following Parts of the Indian Constitution deals with "All-India Services"?
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