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In which case did the Supreme Court of India hold that Parliament's power to amend the Constitution…

A 13-judge Bench decided Kesavananda Bharati v. State of Kerala on 24 April 1973. The majority held that Parliament can amend any part of the Constitution under Article 368,…

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In which case did the Supreme Court of India hold that Parliament's power to amend the Constitution under Article 368 does not extend to altering its basic structure?

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Answer and explanation

Correct answer A

A 13-judge Bench decided Kesavananda Bharati v. State of Kerala on 24 April 1973. The majority held that Parliament can amend any part of the Constitution under Article 368, including provisions on fundamental rights, but cannot alter or destroy its basic structure. Vellore Citizens Welfare Forum concerned pollution from tanneries, S.P. Gupta concerned judicial appointments and transfers, and Salil Sabhlok concerned an appointment to a State Public Service Commission.

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Option A

Correct. Kesavananda Bharati v. State of Kerala established the basic-structure limit on the power of constitutional amendment under Article 368.

Option B

Incorrect. Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647, concerned pollution from tanneries in Tamil Nadu.

Option C

Incorrect. S.P. Gupta v. Union of India, the First Judges Case, addressed judicial appointments and transfers as well as standing in public interest litigation.

Option D

Incorrect. State of Punjab v. Salil Sabhlok concerned the appointment of the chairperson of a State Public Service Commission under Article 316.

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