Discuss the concept of basic structure of the Constitution. How it has emerged?

Answer: Basic Structure of the Constitution is the judicial innovation laid down by the Supreme Court of India in Keshvananda Bharti case in 1973. Under the basic structure doctrine, Parliament under its constituent power cannot amend those provisions which are basic features of the Constitution.

  • Immediately after enforcing of the Constitution, a question, whether fundamental rights can be amended came under consideration. However, in Shankari Prasad case, 1951 the Supreme Court of India ruled that Parliament under Article 368 has power to amend fundamental rights.
  • But, later, in Golakh Nath Case, 1967, the Supreme Court of India reversed its earlier ....
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General Studies Mains Questions And Answers