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The Doctrine of Basic Structure
MANISH KUMAR VATS 17 Apr 2020

The Doctrine of Basic Structure

The Doctrine of Basic Structure

 

 

His Holiness Kesavananda Bharati Sripadagalavaru v. State of

Kerala, AIR 1973 SC 1461 (decided by a Bench of 13 Judges)

•   The most celebrated case in the history of Indian Constitutional law in which the apex Court dealt with the issue  whether the Parliament can amend any part of the Constitution and what was the limit to that power?

•   The Bench by a majority of 7-6 Overruled the proposition of law

propounded in I. C. Golak Nath v. State of Punjab, AIR 1967 SC

1643 and held that Constitutional amendment is not “law within

the meaning of Article 13 and that although no part of the

Constitution, including  Part III comprising of fundamental rights,

was beyond the Parliaments amending power, the basic

structure of the Constitution” could not be abrogated even by a

constitutional amendment.

 As regards the basic structure, the Court held that it would be

decided from case to case .

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