Question

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Civil Service Examination !! Toughest of all exams.

Question :- What according to the Supreme Court constituted "The Basic features which upheld the cases known as:

Kesnavandana Bharthi Vs State of Kerala 1973)
Minerva Mills Vs Union of India (1997)

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Need proper and neat explanation.
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Answer 1

Answer:

Explanation:

In the Kesnavandana Bharti Case (1973), the Supreme Court overruled the judgment in the "Golak Nath Case" (1976). It upheld the validity of the 24th Amendment Act (1971) and stated the Parliament is empowered to abridge or take away any of the Fundamental rights. It laid down a new "doctrine" of basic structure of the Constitution. It ruled that the constituent power of Parliament under Article 368, does not unable it to alter, the basic structure of the Constitution.

This means Parliament cannot take away a fundamental right that forms a part of the basic structure of the Constitution. The Supreme Court in the Minerva Mills Case (1950) invalidated the provision of immunity from the Judicial review of the Parliament's power of amendment under Article 368 and declared judicial review as a basic feature of the Constitution. After the KesnavanDana Bharti Case the doctrine of basic structure is adhered to by the Supreme Court with regard to the amendment of the Constitution.