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    Question

    With reference to Basic structure doctrine, arrange the

    Landmark Cases in Chronological Order from the earliest: 1. Golaknath case 2. Shankari Prasad case 3. Minerva Mills case 4. Kesavananda Bharati case Select the correct answer using code given below:
    A 2-1-4-3. Correct Answer Incorrect Answer
    B 2-1-3-4 Correct Answer Incorrect Answer
    C 3-1-2-4 Correct Answer Incorrect Answer
    D 3-2-1-4 Correct Answer Incorrect Answer

    Solution

    About Basic structure The doctrine of the basic structure holds that there is a basic structure to the Indian Constitution, and the Parliament of India cannot amend the basic features. The idea that the Parliament cannot introduce laws that would amend the basic structure of the constitution evolved gradually over time and in many cases. • The Landmark cases were: • Shankari Prasad Case (1951): Parliament’s power of amending the Constitution under Article 368 included the power to amend the Fundamental Rights guaranteed in Part III • Golaknath case (1967): Fundamental Rights are not amenable to the Parliamentary restriction as stated in Article 13 and that to amend the Fundamental rights a new Constituent Assembly would be required. • Kesavananda Bharati case (1973): SC gave the concept of Basic Structure.The SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.” • Minerva Mills case (1980): The judgment makes it clear that the Constitution, and not the Parliament is supreme.

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