Kesavananda Bharati v. State of Kerala (1973)

constitutional cuet_pg advanced judgment_take

This case is like the OG of Constitutional Law in India, but honestly, I still find it mind-boggling. The Supreme Court held that Parliament can amend any part of the Constitution, EXCEPT for those provisions that were a part of the original Constitution, i.e., the basic structure. Now, I'm not sure if I agree or disagree - it seems like a convenient loophole, but what's the actual impact? I mean, what's the scope of 'basic structure'? Does it include fundamental rights or is it just the institutional framework? Section 4 of the 42nd Amendment Act, 1976, was the result of this verdict - it basically negated the limitations on Parliament's power to amend.

CUT PG Law - This case is relevant to the topic of Constitutional Law and its application in various contexts, like the concept of basic structure and the limits of Parliament's power to amend.

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