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In which of the following cases did the Supreme Court of India pronounce the verdict that the basic structure of the constitution cannot be amended by the parliament?
1. Shankari Prasad vs Union of India
2. Golaknath vs State of Punjab 
3. Kesavananda Bharti vs State of Kerala
4. Minerva Mills Ltd. vs Union of India

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Correct Answer - Option 3 : Kesavananda Bharti vs State of Kerala

The Correct answer is Keshavananda Bharti vs the State of Kerala.

  • In the Keshavananda Bharti case, SC overruled its judgment in the Golak Nath case (1967).
  • It upheld the validity of the 24th Amendment Act (1971) and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.
  • At the same time, it laid down a new doctrine of the basic structure of the constitution.
  • The parliament reacted to it by enacting the 42nd Constitution Amendment Act, 1976, in which the Supreme Court held that the constituent power of Parliament under Article 368 does not enable it to alter the basic structure of the constitution.
  • This means that the parliament cannot abridge or take away a fundamental right that forms a part of the basic structure of the constitution

 

  • In the Minerva Mills Vs Union of India case of 1980, the Supreme court held that the foundation of our constitution is based on the bedrock of balance between fundamental rights and DPSPs.

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