Practicing Success

Target Exam

CUET

Subject

Political Science

Chapter

Politics in India Since Independence: Crisis of democratic Order

Question:

Two developments further added to the tension between the judiciary and the executive. Immediately after the Supreme Court’s decision in 1973 in the Kesavananda Bharati case, a vacancy arose for the post of the Chief Justice of India. It had been a practice to appoint the senior-most judge of the Supreme Court as the Chief Justice. But in 1973, the government set aside the seniority of three judges and appointed Justice A. N. Ray as the Chief Justice of India. The appointment became politically controversial because all the three judges who were superseded had given rulings against the stand of the government. The climax of the confrontation was of course the ruling of the High Court declaring Indira Gandhi’s election invalid. The stage was now set for a big political confrontation. The opposition political parties led by Jayaprakash Narayan pressed for Indira Gandhi’s resignation and organised a massive demonstration on 25 June 1975. Jayaprakash announced a nationwide satyagraha for her resignation and asked the army, the police and government employees not to obey “illegal and immoral orders”.

Which of the following principle was given in Kesavananda Bharati case ?

Options:

Basic Structure Doctrine of the Supreme Court

Basic Judicial Review Doctrine of the Supreme Court

Public Interest Litigation Doctrine of the Supreme Court

Basic Educational Rights Doctrine of the Supreme Court

Correct Answer:

Basic Structure Doctrine of the Supreme Court

Explanation:

Kesavananda Bharati case is also known for Basic Structure Doctrine of the Supreme Court.

The Kesavananda Bharati v. State of Kerala case, decided by the Supreme Court of India in 1973, is a landmark judgment that laid down the basic structure doctrine of the Indian Constitution. In a short summary, the case involved a challenge to the Kerala government's attempts to implement land reform laws that would affect the properties owned by the petitioner, Kesavananda Bharati, who was the head of a religious institution.