In which of the following cases, the consensus of the majority of the judgment was that the basic…
In Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461), a 13-Judge Bench of the Supreme Court delivered 11 separate opinions, and the consensus of the 7:6…
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In which of the following cases, the consensus of the majority of the judgment was that the basic structure of the Constitution could not be destroyed or damaged by amending the Constitution in exercise of the power under Article 368 of the Indian Constitution?
Answer and explanation
Correct answer A
In Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461), a 13-Judge Bench of the Supreme Court delivered 11 separate opinions, and the consensus of the 7:6 majority—famously summarized in the 'View by the Majority'—was that while Parliament has wide powers under Article 368 to amend any part of the Constitution including Fundamental Rights, it cannot alter, damage, or destroy the basic structure or essential features of the Constitution. Earlier, in I.C. Golak Nath v. State of Punjab (1967), the Court had held that Fundamental Rights could not be abridged at all under Article 368 (a view overruled in Kesavananda Bharati). In Kuldip Nayar v. Union of India (2006), the Court held that the basic structure doctrine applies to constitutional amendments under Article 368 and not to ordinary legislation such as the Representation of the People (Amendment) Act, 2003.
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