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Questions and Answers
What was the central issue in the Kesavananda Bharati case?
How many judges constituted the bench that heard the Kesavananda Bharati case?
What is the significance of the Basic Structure Doctrine propounded in the Kesavananda Bharati case?
Which of the following statements is incorrect regarding the Kesavananda Bharati case?
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Which Constitutional Amendment's validity was challenged in the Kesavananda Bharati case?
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What was the significance of the Supreme Court's decision in the Golak Nath case, which was upheld in the Kesavananda Bharati case?
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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.
