The ‘Theory of Basic Structure’ was propounded by the judiciary in which case ?

Question

Accepted Answer

The ‘Theory of Basic Structure’ was propounded by the judiciary in the landmark case of Kesavananda Bharati v. State of Kerala, which is why Option 2 is the correct answer. Here is a detailed explanation supporting this:

1. **Explanation for Option 2 (Kesavananda Bharati):**
   - The Kesavananda Bharati case, decided in 1973 by the Supreme Court of India, is one of the most significant constitutional law cases in Indian history. In this case, the Supreme Court established the ‘Basic Structure Doctrine,’ which holds that while the Parliament has wide powers to amend the Constitution, it cannot alter or destroy its basic structure. This doctrine was a response to the need to balance the flexibility of the Constitution with the preservation of its fundamental principles. The judgment ensured that certain fundamental features, such as the supremacy of the Constitution, the rule of law, and the separation of powers, remain inviolable. This case is pivotal because it set a precedent for judicial review of constitutional amendments, thereby safeguarding the core values of the Constitution.

2. **Explanation for why other options are incorrect:**

- **Option 1 (A.K. Gopalan):**
     - The A.K. Gopalan case, decided in 1950, dealt with the interpretation of fundamental rights, particularly Article 21 of the Indian Constitution. The case focused on the due process of law and personal liberty but did not address the concept of the basic structure of the Constitution. Therefore, it is not related to the ‘Theory of Basic Structure.’

- **Option 3 (S.R. Bommai):**
     - The S.R. Bommai case, decided in 1994, is significant for its interpretation of the federal structure and the use of Article 356 (President's Rule) in the Indian Constitution. While it reinforced the importance of federalism and secularism as part of the basic structure, it did not originate the doctrine itself. The basic structure doctrine was already established by the time of this case.

- **Option 4 (Golaknath):**
     - The Golaknath case, decided in 1967, addressed the issue of Parliament's power to amend fundamental rights. The Supreme Court ruled that Parliament could not curtail any of the fundamental rights guaranteed by the Constitution. However, the concept of the basic structure was not articulated in this case. It was the Kesavananda Bharati case that later refined and established the doctrine.

In conclusion, the Kesavananda Bharati case is the correct answer as it was the case where the ‘Theory of Basic Structure’ was explicitly propounded, making Option 2 the right choice.