Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:
Consider the passage given below and answer the following question.
The Preamble was enacted by the Constituent Assembly after the rest of the Constitution was already enacted to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly. In the Berubari Case, the Supreme Court opined that Preamble is not a part of the Constitution. But in the Kesavananda Bharati case, the Supreme Court held that the Preamble is an integral part of the Constitution.
In which of the following case, the Supreme Court laid down the doctrine of the 'basic structure' of the constitution of India?
Options:
Golaknath Case
Maneka Gandhi Case
Swarn Singh Case
Keshwananda Bharti Case
Correct Answer:
Keshwananda Bharti Case
Explanation:
The landmark 1973 Supreme Court case of Keshavanda Bharathi v. State of Kerela discussed the question about the unlimited constitutional amendment powers of the Parliament and established the doctrine of the basic structure or feature of the constitution. This doctrine invalidates any constitutional amendments that destroys or harms a basic or essential feature of the Constitution, like secularism, democracy and federalism. Supreme Court has also held judicial review to be the basic structure or feature of the Constitution; as a result, it can nullify any constitutional amendment that abolishes or disregards judicial review in issues concerning to fundamental rights of citizens