Which famous case established the “Basic Structure Doctrine” of the Indian…
2025
Which famous case established the “Basic Structure Doctrine” of the Indian Constitution ?
- A.
Indra Sawhney vs. Union of India (1992)
- B.
Maneka Gandhi vs. Union of India (1978)
- C.
Kesavananda Bharati Sri Padagalavaru vs. State of Kerala (1973)
- D.
Vishakha vs. State of Rajasthan (1997)
Attempted by 10 students.
Show answer & explanation
Correct answer: C
Concept: The Basic Structure Doctrine holds that Parliament's constituent power to amend the Constitution under Article 368 cannot alter or destroy the Constitution's foundational features — such as the supremacy of the Constitution, its republican and democratic form of government, secularism, separation of powers, and judicial review. The doctrine limits the amending power while still allowing genuine amendments.
Application: In Kesavananda Bharati Sri Padagalavaru vs. State of Kerala (1973), a 13-judge Constitution Bench of the Supreme Court — the largest bench ever assembled for a case — examined the validity of the 24th, 25th, and 29th Constitutional Amendments. By a 7:6 majority, the Court held that Parliament has wide power under Article 368 to amend any part of the Constitution, but it cannot amend the Constitution's basic structure or basic features. This ruling is what established the Basic Structure Doctrine.
Cross-check: Comparing each case by what it actually decided confirms the answer and rules out the others:
Indra Sawhney vs. Union of India (1992) — the Mandal Commission case, which examined the validity and extent of OBC reservation in public employment; it does not deal with the constitutional amending power.
Maneka Gandhi vs. Union of India (1978) — interpreted Article 21's "procedure established by law" to require a fair, just, and reasonable procedure, expanding personal liberty; it is a due-process case, not an amending-power case.
Vishakha vs. State of Rajasthan (1997) — laid down guidelines against sexual harassment of women at the workplace, later codified into law; it is a workplace-safety case, not a constitutional-amendment case.
Kesavananda Bharati Sri Padagalavaru vs. State of Kerala (1973) — the only one of the four that examined Parliament's Article 368 amending power and limited it by the basic structure; this is the case that established the doctrine.
Hence, the correct answer is Kesavananda Bharati Sri Padagalavaru vs. State of Kerala (1973).