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The basic structure doctrine with regard to the Constitution of India relates to
1. the power of judicial review
2. the judgment in Kesavananda Bharati case (1973)
3. the constraints on Article 368 of the Constitution of India
4. the judgement in Golaknath case (1967)
1. the power of judicial review
2. the judgment in Kesavananda Bharati case (1973)
3. the constraints on Article 368 of the Constitution of India
4. the judgement in Golaknath case (1967)
Select the correct answer using the code given below.
- a)1, 2 and 3 only
- b)1, 2, 3 and 4
- c)1 and 3 only
- d)2 and 4 only
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
The basic structure doctrine with regard to the Constitution of India ...
- The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament.
- It gives extra power to the court to review and strike down any constitutional amendments and act enacted by the Parliament
- In 1973, the basic structure doctrine triumphed in the judgement of the Kesavananda Bharati case. The Court adjudicated that while Parliament has "wide" powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution
- Articles of the constitution which can be amended by the special majority as laid down in Article 368. Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution.
- In the Golaknath case, the Supreme Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.
Most Upvoted Answer
The basic structure doctrine with regard to the Constitution of India ...
Basic Structure Doctrine in the Constitution of India:
The basic structure doctrine in the Constitution of India is a judicial principle that certain features of the Constitution are so fundamental that they cannot be altered or destroyed through amendments. This doctrine has been established through various landmark judgments by the Supreme Court of India.
Power of Judicial Review:
- The basic structure doctrine relates to the power of judicial review, which allows the judiciary to review and strike down any law or amendment that violates the basic structure of the Constitution.
- The judiciary acts as a check on the legislative and executive branches of government to ensure that they do not violate the fundamental principles of the Constitution.
Judgment in Kesavananda Bharati case (1973):
- The Kesavananda Bharati case is considered a landmark judgment where the Supreme Court held that there are certain basic features of the Constitution that cannot be amended by Parliament.
- This case established the basic structure doctrine and set limits on the amending power of the Parliament.
Constraints on Article 368:
- The basic structure doctrine imposes constraints on Article 368 of the Constitution of India, which deals with the procedure for amending the Constitution.
- The doctrine ensures that while Parliament has the power to amend the Constitution, it cannot alter its basic structure.
Therefore, the correct answer is option 'A' - 1, 2 and 3 only, as these points are directly related to the basic structure doctrine in the Constitution of India.
The basic structure doctrine in the Constitution of India is a judicial principle that certain features of the Constitution are so fundamental that they cannot be altered or destroyed through amendments. This doctrine has been established through various landmark judgments by the Supreme Court of India.
Power of Judicial Review:
- The basic structure doctrine relates to the power of judicial review, which allows the judiciary to review and strike down any law or amendment that violates the basic structure of the Constitution.
- The judiciary acts as a check on the legislative and executive branches of government to ensure that they do not violate the fundamental principles of the Constitution.
Judgment in Kesavananda Bharati case (1973):
- The Kesavananda Bharati case is considered a landmark judgment where the Supreme Court held that there are certain basic features of the Constitution that cannot be amended by Parliament.
- This case established the basic structure doctrine and set limits on the amending power of the Parliament.
Constraints on Article 368:
- The basic structure doctrine imposes constraints on Article 368 of the Constitution of India, which deals with the procedure for amending the Constitution.
- The doctrine ensures that while Parliament has the power to amend the Constitution, it cannot alter its basic structure.
Therefore, the correct answer is option 'A' - 1, 2 and 3 only, as these points are directly related to the basic structure doctrine in the Constitution of India.
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The basic structure doctrine with regard to the Constitution of India relates to1. the power of judicial review2. the judgment in Kesavananda Bharati case (1973)3. the constraints on Article 368 of the Constitution of India4. the judgement in Golaknath case (1967)Select the correct answer using the code given below.a)1, 2 and 3 onlyb)1, 2, 3 and 4c)1 and 3 onlyd)2 and 4 onlyCorrect answer is option 'A'. Can you explain this answer?
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The basic structure doctrine with regard to the Constitution of India relates to1. the power of judicial review2. the judgment in Kesavananda Bharati case (1973)3. the constraints on Article 368 of the Constitution of India4. the judgement in Golaknath case (1967)Select the correct answer using the code given below.a)1, 2 and 3 onlyb)1, 2, 3 and 4c)1 and 3 onlyd)2 and 4 onlyCorrect answer is option 'A'. Can you explain this answer? for Defence 2024 is part of Defence preparation. The Question and answers have been prepared according to the Defence exam syllabus. Information about The basic structure doctrine with regard to the Constitution of India relates to1. the power of judicial review2. the judgment in Kesavananda Bharati case (1973)3. the constraints on Article 368 of the Constitution of India4. the judgement in Golaknath case (1967)Select the correct answer using the code given below.a)1, 2 and 3 onlyb)1, 2, 3 and 4c)1 and 3 onlyd)2 and 4 onlyCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for Defence 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The basic structure doctrine with regard to the Constitution of India relates to1. the power of judicial review2. the judgment in Kesavananda Bharati case (1973)3. the constraints on Article 368 of the Constitution of India4. the judgement in Golaknath case (1967)Select the correct answer using the code given below.a)1, 2 and 3 onlyb)1, 2, 3 and 4c)1 and 3 onlyd)2 and 4 onlyCorrect answer is option 'A'. Can you explain this answer?.
The basic structure doctrine with regard to the Constitution of India relates to1. the power of judicial review2. the judgment in Kesavananda Bharati case (1973)3. the constraints on Article 368 of the Constitution of India4. the judgement in Golaknath case (1967)Select the correct answer using the code given below.a)1, 2 and 3 onlyb)1, 2, 3 and 4c)1 and 3 onlyd)2 and 4 onlyCorrect answer is option 'A'. Can you explain this answer? for Defence 2024 is part of Defence preparation. The Question and answers have been prepared according to the Defence exam syllabus. Information about The basic structure doctrine with regard to the Constitution of India relates to1. the power of judicial review2. the judgment in Kesavananda Bharati case (1973)3. the constraints on Article 368 of the Constitution of India4. the judgement in Golaknath case (1967)Select the correct answer using the code given below.a)1, 2 and 3 onlyb)1, 2, 3 and 4c)1 and 3 onlyd)2 and 4 onlyCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for Defence 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The basic structure doctrine with regard to the Constitution of India relates to1. the power of judicial review2. the judgment in Kesavananda Bharati case (1973)3. the constraints on Article 368 of the Constitution of India4. the judgement in Golaknath case (1967)Select the correct answer using the code given below.a)1, 2 and 3 onlyb)1, 2, 3 and 4c)1 and 3 onlyd)2 and 4 onlyCorrect answer is option 'A'. Can you explain this answer?.
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