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Kesavananda Bharati Case 1973: Landmark Judgement

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Kesavananda Bharati Case 1973: Landmark Judgement

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Questions and Answers

What was the central issue in the Kesavananda Bharati case?

Challenging the 24th Constitutional Amendment

Questioning the power of judicial review by the Supreme Court

Contesting the Kerala Land Reforms Act of 1963 (correct)

Upholding the validity of the 25th Constitutional Amendment

How many judges constituted the bench that heard the Kesavananda Bharati case?

13 (correct)

What is the significance of the Basic Structure Doctrine propounded in the Kesavananda Bharati case?

It allowed Parliament to amend any provision of the Constitution, including Fundamental Rights

It prohibited Parliament from amending any provision of the Constitution

It overruled the earlier Golak Nath case and granted unlimited power to Parliament to amend the Constitution

It upheld the validity of the 24th Constitutional Amendment but placed limits on Parliament's amending power (correct)

Which of the following statements is incorrect regarding the Kesavananda Bharati case?

It overruled the earlier Golak Nath case, which held that Fundamental Rights could not be abridged by constitutional amendments Signup and view all the answers

Which Constitutional Amendment's validity was challenged in the Kesavananda Bharati case?

24th Constitutional Amendment Signup and view all the answers

What was the significance of the Supreme Court's decision in the Golak Nath case, which was upheld in the Kesavananda Bharati case?

It held that the power to amend the Constitution under Article 368 was not unlimited and that Fundamental Rights could not be abrogated or abridged Signup and view all the answers

Study Notes

The Kesavananda Bharati Judgment (1973)

Completed 50 years in 2023

Background of the Case

Petition against the compulsory acquisition of land by the Kerala government under the Kerala Land Reforms Act 1963
Violation of Fundamental Rights (FRs) under Articles 25, 26, and 31 of the Constitution

Key Features of the Case

Heard by the largest ever bench (13 Judges’ Bench) of the Supreme Court (SC)

Key Outcomes

Introduction of the Basic Structure Doctrine
Upholding the validity of the 24th Constitutional amendment
- Parliament has the power to amend any or all provisions of the Constitution (including FRs)
- However, amendments should not alter, damage, or destroy the essential features or the Basic Structure of the Constitution
Power of Judicial Review
- The court held that the power of judicial review is an integral part of the Basic Structure of the Constitution
Other Judgments
- SC upheld the 25th and 29th Constitutional Amendments except for the parts that curtailed its power of judicial review
- The Preamble is a part of the Constitution and hence amendable

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Description

Test your knowledge about the Kesavananda Bharati Case, a significant legal case in India that led to the establishment of the basic structure doctrine. Learn about the background, key arguments, and the outcome of this historic case.