In which case did the Judiciary advance the theory of the basic structure of the Constitution?
Answer & explanation
Correct answer: option 4
The correct answer is Option 4- Kesavananda Bharati case
The theory of the basic structure of the Constitution was advanced by the Judiciary in the Kesavananda Bharati case.
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 the Constitution (within this limitation);
It places the Judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure.
The Supreme Court gave the Kesavananda ruling in 1973.