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PSIR Optional PYQ Solutions · Model answer

Examine the significance of the verdicts of the Supreme Court in the Golaknath and Kashavananda Bharati cases for an understanding of the scope of Article 368 in regard to Fundamental Rights.

  • UPSC 2013
  • 20 marks
  • Salient Features of the Indian Constitution

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Article 368 as enacted prescribed a procedure for amendment but said nothing about limits, while Article 13(2) voided any "law" abridging fundamental rights. Whether an amendment was such a "law" decided whether Part III could be changed at all. Golaknath (1967) and Kesavananda Bharati (1973) gave opposite answers, and the second produced the settlement that…

You are reading the opening of the model answer. The full answer is part of the PSIR Optional PYQ Solutions.

What the full answer covers

  • From Unlimited Power to Contest
  • Golaknath: Rights as a Limit
  • Kesavananda: Structure as the Limit
  • What Changed for Fundamental Rights
  • Limits of the Settlement
  • Conclusion
PSIR Optional PYQ Solutions

PSIR Optional PYQ Solutions

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