Previous year MCQs

Indian Polity UPPSC 1997 GS-I
Question

In which of the following cases the theory of "basic feature" of the Constitution was first enunciated by the Supreme Court of India:

Answer & Solution

Answer: (Detailed Solution Below)

Option A: Golaknath Vs. State of Punjab

Detailed Solution:

The correct answer is “Golaknath Vs. State of Punjab”.

1) Golaknath case, was a 1967 Indian Supreme Court case, in which the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.

2) The theory of the "basic structure" of the Constitution was first enunciated by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973).

3) In the Minerva Mills v. Union of India (1980) case, the Supreme Court held that the parliament cannot emasculate the fundamental rights of individuals, and also includes the right to liberty and equality (which is not a fundamental right but considered a basic structure of the Constitution).

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