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With respect to the landmark constitutional cases, consider the following statements:
1. In Golaknath case Supreme Court declared that Fundamental Rights enshrined in Part 3 are immutable and cannot be amended.
2. In Kesavananda Bharati case, Supreme Court introduced the doctrine of basic structure.
Which of the above statements is/are correct?
  • a)
    1 only
  • b)
    2 only 
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
With respect to the landmark constitutional cases, consider the follow...
Both statements are correct
Landmark Constitutional Cases
  • Golaknath case, is the case in which Supreme Court declared that Fundamental Rights enshrined in Part 3 are immutable and cannot be amended. The validity of the First and Seventeenth Amendments to the Constitution in so far as they affect the fundamental rights was again challenged is this case. The fourth amendment was also challenged.
  • The Supreme Court adopted a doctrine of prospective overruling under which the three constitutional amendments concerned would continue to be valid. Moreover, the Supreme Court held that Article 368 dealt only with the procedure for amendment and an amendment to the Constitution is made a part of the normal legislative process. It is, therefore, a “law” for the purpose of Article 13 (2).
  • To get over the decision of the Supreme Court in Golaknath’s case the Constitution 24th Amendment Act was passed in 1971 in which changes to articles 13 and 368 was made.
  • In Kesavananda Bharati case Supreme Court introduced doctrine of basic structure, i.e., Parliament has power to amend without altering basic structure of the Constitution. The Court held that although no part of the Constitution, including Fundamental Rights, was beyond the amending power of Parliament, the “basic structure of the Constitution could not be abrogated even by a Constitutional Amendment.
  • It is a landmark judgement of the Supreme Court of India, and is the basis in Indian law for the exercise of the power to judicial review, and strike down amendments to the Constitution of India passed by the Indian Parliament which conflict with the Constitution’s basic structure.
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With respect to the landmark constitutional cases, consider the following statements:1. In Golaknath case Supreme Court declared that Fundamental Rights enshrined in Part 3 are immutable and cannot be amended.2. In Kesavananda Bharati case, Supreme Court introduced the doctrine of basic structure.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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With respect to the landmark constitutional cases, consider the following statements:1. In Golaknath case Supreme Court declared that Fundamental Rights enshrined in Part 3 are immutable and cannot be amended.2. In Kesavananda Bharati case, Supreme Court introduced the doctrine of basic structure.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With respect to the landmark constitutional cases, consider the following statements:1. In Golaknath case Supreme Court declared that Fundamental Rights enshrined in Part 3 are immutable and cannot be amended.2. In Kesavananda Bharati case, Supreme Court introduced the doctrine of basic structure.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With respect to the landmark constitutional cases, consider the following statements:1. In Golaknath case Supreme Court declared that Fundamental Rights enshrined in Part 3 are immutable and cannot be amended.2. In Kesavananda Bharati case, Supreme Court introduced the doctrine of basic structure.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
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