Which of the following accurately describes the basic structure doctri...
Constitution of india has certain things that can't be amended by parliament of india. Basic features includes secularism, rigidity, independent judiciary, etc, these features cannot be amended at all....
Which of the following accurately describes the basic structure doctri...
Basic Structure Doctrine of the Constitution of India
The basic structure doctrine of the Constitution of India holds that there are certain fundamental features of the constitution that are beyond the amending power of the Parliament. These basic features are considered the essence of the Constitution and form its core principles. The doctrine was developed by the Supreme Court of India to ensure that the Parliament does not misuse its amending power to alter or destroy the basic structure of the Constitution.
Explanation:
The correct answer to the question is option 'B' - Basic features of the Constitution of India cannot be amended at all.
- The basic structure doctrine was first propounded by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. In this case, the court held that the Parliament can amend any provision of the Constitution, but it cannot alter or destroy its basic structure.
- The basic structure doctrine is not explicitly mentioned in the Constitution itself, but it has been inferred by the Supreme Court from various provisions and principles of the Constitution.
- The court has identified certain features as part of the basic structure, including the supremacy of the Constitution, secularism, federalism, separation of powers, judicial review, and the rule of law.
- According to the basic structure doctrine, any amendment that violates or destroys the basic structure of the Constitution is void and unconstitutional.
- The doctrine acts as a check on the amending power of the Parliament and ensures the preservation of the core principles and values of the Constitution.
- Over the years, the Supreme Court has used the basic structure doctrine to strike down several constitutional amendments that were deemed to be in violation of the basic structure.
- However, it is important to note that the basic structure doctrine does not mean that the Constitution is completely rigid and cannot be amended. It only means that the Parliament cannot amend the basic features of the Constitution that form its core essence.
In conclusion, the basic structure doctrine of the Constitution of India holds that the basic features of the Constitution cannot be amended at all. This doctrine was developed by the Supreme Court to safeguard the core principles and values of the Constitution from any arbitrary changes by the Parliament.
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