The correct answer is Option 2- 1973
The Supreme Court gave the Kesavananda Bharati ruling in 1973.
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. You know already that 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. In the past four decades, this decision has governed all interpretations of the Constitution and all institutions in the country have accepted the theory of basic structure. In fact, the theory of basic structure is itself an example of a living constitution. There is no mention of this theory in the Constitution. It has emerged from judicial interpretation. Thus, the Judiciary and its interpretation have practically amended the Constitution without a formal amendment. |
