Role of the Judiciary — Political Science STD 11 Commerce / Arts — Question
Maharashtra BoardEnglish MediumSTD 11 Commerce / ArtsPolitical ScienceRole of the Judiciary5 Marks
Question
Write about the Kesavananda Bharati Case (1973).
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Answer
The validity of the Constitution (24th Amendment) Act 1971 was challenged in the case of Kesavananda Bharati vs. the State of Kerala (also known as the Fundamental Rights Case). This Amendment gave the power to the Parliament to amend the fundamental rights of the citizens. The Supreme Court had to decide whether Parliament had the power to abrogate the basic elements and fundamental provisions of the Constitution of India. The Supreme Court held that the Constitution (24th Amendment) Act 1971 is valid and that Parliament has the power to amend all the provisions of the Constitution, including fundamental rights, but could not amend the basic structure of the Constitution.
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