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Which case held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement?
- a)Kesavananda Bharati case (1973)
- b)Indira Nehru Gandhi v. Raj Narain case (1975)
- c)Minerva Mills Case (1980)
- d)Waman Rao Case (1981)
Correct answer is option 'D'. Can you explain this answer?
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Which case held that the Basic Structure doctrine should not be applie...
The Waman Rao case (1981) held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement.
Background:
The Kesavananda Bharati case (1973) established the Basic Structure doctrine, which states that there are certain essential features of the Constitution that cannot be altered by the Parliament through constitutional amendments. However, there was ambiguity about whether this doctrine could be applied retrospectively to challenge the validity of constitutional amendments that were passed before the Kesavananda Bharati judgement.
Explanation:
The Waman Rao case (1981) dealt with the constitutional validity of the 29th Amendment, which was passed in 1972 before the Kesavananda Bharati judgement. The petitioner argued that the 29th Amendment violated the Basic Structure of the Constitution and should be struck down. However, the Supreme Court held that the Basic Structure doctrine cannot be applied retrospectively to reopen the validity of any amendment that took place prior to the Kesavananda Bharati judgement. The court reasoned that the doctrine was developed as a tool to prevent future constitutional amendments from violating the Basic Structure, and applying it retrospectively would create unnecessary uncertainty and instability in the constitutional system.
Conclusion:
The Waman Rao case clarified that the Basic Structure doctrine will only apply prospectively to constitutional amendments passed after the Kesavananda Bharati judgement. This ruling has important implications for the interpretation of the Constitution and the role of the judiciary in safeguarding its essential features.
Background:
The Kesavananda Bharati case (1973) established the Basic Structure doctrine, which states that there are certain essential features of the Constitution that cannot be altered by the Parliament through constitutional amendments. However, there was ambiguity about whether this doctrine could be applied retrospectively to challenge the validity of constitutional amendments that were passed before the Kesavananda Bharati judgement.
Explanation:
The Waman Rao case (1981) dealt with the constitutional validity of the 29th Amendment, which was passed in 1972 before the Kesavananda Bharati judgement. The petitioner argued that the 29th Amendment violated the Basic Structure of the Constitution and should be struck down. However, the Supreme Court held that the Basic Structure doctrine cannot be applied retrospectively to reopen the validity of any amendment that took place prior to the Kesavananda Bharati judgement. The court reasoned that the doctrine was developed as a tool to prevent future constitutional amendments from violating the Basic Structure, and applying it retrospectively would create unnecessary uncertainty and instability in the constitutional system.
Conclusion:
The Waman Rao case clarified that the Basic Structure doctrine will only apply prospectively to constitutional amendments passed after the Kesavananda Bharati judgement. This ruling has important implications for the interpretation of the Constitution and the role of the judiciary in safeguarding its essential features.
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Which case held that the Basic Structure doctrine should not be applie...
In the Waman Rao Case (1981), the Supreme Court drew a line of demarcation as April 24th, 1973 - the date of the Kesavananda Bharati judgement. The Court held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution which took place prior to that date.
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Which case held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement?a)Kesavananda Bharati case (1973)b)Indira Nehru Gandhi v. Raj Narain case (1975)c)Minerva Mills Case (1980)d)Waman Rao Case (1981)Correct answer is option 'D'. Can you explain this answer?
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Which case held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement?a)Kesavananda Bharati case (1973)b)Indira Nehru Gandhi v. Raj Narain case (1975)c)Minerva Mills Case (1980)d)Waman Rao Case (1981)Correct answer is option 'D'. 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 Which case held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement?a)Kesavananda Bharati case (1973)b)Indira Nehru Gandhi v. Raj Narain case (1975)c)Minerva Mills Case (1980)d)Waman Rao Case (1981)Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which case held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement?a)Kesavananda Bharati case (1973)b)Indira Nehru Gandhi v. Raj Narain case (1975)c)Minerva Mills Case (1980)d)Waman Rao Case (1981)Correct answer is option 'D'. Can you explain this answer?.
Which case held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement?a)Kesavananda Bharati case (1973)b)Indira Nehru Gandhi v. Raj Narain case (1975)c)Minerva Mills Case (1980)d)Waman Rao Case (1981)Correct answer is option 'D'. 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 Which case held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement?a)Kesavananda Bharati case (1973)b)Indira Nehru Gandhi v. Raj Narain case (1975)c)Minerva Mills Case (1980)d)Waman Rao Case (1981)Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which case held that the Basic Structure doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution that took place prior to the Kesavananda Bharati judgement?a)Kesavananda Bharati case (1973)b)Indira Nehru Gandhi v. Raj Narain case (1975)c)Minerva Mills Case (1980)d)Waman Rao Case (1981)Correct answer is option 'D'. Can you explain this answer?.
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