Q. With reference to the Kesavananda Bharati case judgment, consider the following statements:
1.The Supreme Court ruled that Parliament has no power to amend any part of the Constitution that affects Fundamental Rights, even if the basic structure remains intact.
2.The judgment introduced the concept that certain essential features of the Constitution cannot be amended even by a constitutional amendment under Article 368.
3.The decision in Kesavananda Bharati effectively limited Parliament’s constituent power for the first time since the Constitution came into force.
Which of the statements given above is/are correct?
Answer: B
Notes:
- The Court did not bar Parliament from amending Fundamental Rights. It allowed such amendments as long as they did not alter the basic structure.
- The Basic Structure Doctrine was introduced, stating that certain essential features like judicial review, federalism, and the rule of law cannot be abrogated, even through Article 368.
- This was the first time the Parliament’s amending power was limited by the judiciary, marking a major turning point in constitutional law.
Source: Laxmikant (Polity)
