The Supreme Court of India enunciated the doctrine of “Basic Structure of the Constitution” in
- A.The Golaknath Case in 1967
- B.The Keshavanand Bharati Case in 1973
- C.The Shankari Prasad Case in 1951
- D.The Sajjan Singh Case in 1965
Correct answer
Explanation
The correct answer is B, The Keshavanand Bharati Case in 1973. On 24 April 1973 a 13-judge bench, the largest in the Court’s history, ruled by 7 to 6 that Parliament can amend any part of the Constitution under Article 368, including Fundamental Rights, but cannot alter or destroy its basic structure. The judges did not give a closed list; features such as the supremacy of the Constitution, the rule of law, secularism, federalism, separation of powers and judicial review have since been treated as part of it. The case began as a challenge by the head of a Kerala math to land reform laws. Option A is wrong because the Golaknath case (1967) held that Parliament could not amend Fundamental Rights at all; Kesavananda overruled this. Option C is wrong because the Shankari Prasad case (1951) upheld the First Amendment and said Fundamental Rights could be amended. Option D is wrong because the Sajjan Singh case (1965) repeated that view while upholding the 17th Amendment. Exam tip: Shankari Prasad 1951, Sajjan Singh 1965, Golaknath 1967, Kesavananda 1973, Minerva Mills 1980.
Practice Questions
View allThe right to form associations and unions is a right
- A.guaranteed to everybody
- B.to freedom guaranteed to citizens only
- C.to equality before law
- D.to life and personal liberty
Show answer
The right to form associations or unions is part of Article 19, and Article 19 rights belong only to citizens of India.
Read the full explanation →Which one of the following statements with regard to the National Commission for Scheduled Tribes is not correct?
- A.The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
- B.All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.
- C.The Commission, while investigating any matter, has all the powers of a Civil Court.
- D.The Commission has the power to regulate its own procedures.
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It is not correct, because the President causes the Commission's reports to be laid before each House of Parliament, not only before the Lok Sabha.
Read the full explanation →Which of the following statements with regard to the conduct of elections in India is/are not correct? 1. The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India. 2. The Model Code of Conduct comes into existence as soon as the date of the election is announced. 3. The laws relating to delimitation of constituencies are made by the Election Commission of India. 4. No election shall be called in question except by an election petition. Select the correct answer using the code given below.
- A.3 only
- B.1, 2 and 4
- C.1, 2 and 3
- D.4 only
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Statement 3 is the only incorrect one, because laws on the delimitation of constituencies are made by Parliament, not by the Election Commission.
Read the full explanation →Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?
- A.It was inserted by the Constitution (First Amendment) Act, 1951.
- B.The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.
- C.The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure.
- D.The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
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It is not correct, because Article 31B says the opposite: an Act placed in the Ninth Schedule shall not become void merely because it is inconsistent with a fundamental right in Part III.
Read the full explanation →The Sixth Schedule of the Constitution of India pertains to the administration of tribal areas in which of the following States?
- A.Assam, Meghalaya, Tripura and Mizoram
- B.Meghalaya, Tripura, Manipur and Mizoram
- C.Assam, Manipur, Meghalaya and Tripura
- D.Manipur, Meghalaya, Tripura and Arunachal Pradesh
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The Sixth Schedule covers the administration of tribal areas in exactly these four north-eastern states.
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