Model Question and Answers for APSC | What is the fundamental question at the heart of both the Kesavananda Bharati case and the current debate over the Collegium?

What is the fundamental question at the heart of both the Kesavananda Bharati case and the current debate over the Collegium?

Model Question and Answers for APSC |  What is the fundamental question at the heart of both the Kesavananda Bharati case and the current debate over the Collegium?

Ans: The fundamental question at the heart of both the Kesavananda Bharati case and the current debate over the Collegium is whether Parliament has unlimited power to amend the Constitution or if it is subject to inherent limitations. The basic structure doctrine, established in the Kesavananda Bharati case, holds that Parliament cannot use its constituent power to alter the basic structure or essential features of the Constitution, and that the Parliament cannot cease to be a creature of the Constitution and become its master. The current debate over the Collegium centres on the power and authority of this powerful body of Supreme Court judges in recommending names for judicial appointments.