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Question

Q. In which of the following cases did the Supreme Court, for the first time, set the Doctrine of Basic Structure?

A

Minerva Mills case
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B

Shankari Prasad Case
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C

Kesavananda Bharati case
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D

Maneka Gandhi Case
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Solution

The correct option is C
Kesavananda Bharati case
Explanation:

One thing that has had a long lasting effect on the evolution of the Indian Constitution is the theory of the basic structure of the Constitution. The Judiciary advanced this theory in the famous case of Kesavananda Bharati. This ruling has contributed to the evolution of the Constitution in the following ways:
  • It has set specific limits to Parliament’s power to amend the Constitution. It says that no amendment can violate the basic structure of the Constitution;
  • It allows Parliament to amend any and all parts of theConstitution (within this limitation); and
  • It places the Judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure.

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