The doctrine of ‘basic structure’ emerged in the case of

Answer & Explanation

Correct answer: (C) Keshavananda Bharati vs State of Kerala

• This is a judicial principle developed by the Supreme Court of India in the Keshavananda Bharati judgment (1973).
• The Parliament of India is vested with the power of amending the Constitution (Article 368). But, the doctrine of basic structure restricts the powers of the Parliament.
• According to this, the Supreme Court has the power to declare any law void if it is found to be unconstitutional. Any amendment that tries to change the basic structure of the constitution is considered unconstitutional, though the term ‘basic structure’ is not mentioned in the constitution and has evolved over time.

other options

• A.K. Gopalan vs State of Madras— 1950 case — dealt with preventive detention and Art. 21 — held that procedure established by law means any law made by legislature — later overruled by the Maneka Gandhi case. Nothing to do with Basic Structure.
• Golaknath vs State of Punjab— 1967 case — held that Fundamental Rights cannot be amended by Parliament — important precursor to Basic Structure doctrine but did NOT itself give the Basic Structure doctrine.
• S.R. Bommai vs Union of India— 1994 case — important case on President’s Rule under Art. 356 — confirmed federalism and secularism as part of Basic Structure — applied the doctrine but did NOT originate it.