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Consider the following statements regarding the Basic Structure of the Constitution:
1. It refers to features of the Constitution that even the Parliament cannot amend.
2. The Supreme Court has defined the Basic Structure of the Constitution in the Kesavananda Bharati judgement.
Which of the statement(s) given above is/are correct?
- a)1 Only
- b)2 Only
- c)Both of them
- d)Neither of them
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements regarding the Basic Structure of th...
In the Kesavananda Bharati judgement, the SC has laid down the new doctrine of 'basic structure' of the Constitution which constitutes features that cannot be amended even by the Parliament. However, SC has not clearly defined what constitutes Basic Structure but the 'basic features' have emerged over various judgements of the SC, including Supremacy of the Constitution, Rule of Law, Federal character etc.
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Consider the following statements regarding the Basic Structure of th...
The correct answer is option 'A': 1 Only.
Explanation:
The Basic Structure of the Constitution refers to the fundamental principles and values that form the foundation of the Constitution. These are the features of the Constitution that are considered to be so essential that even the Parliament cannot amend them. The concept of the Basic Structure was first introduced by the Supreme Court in the landmark Kesavananda Bharati judgement.
The second statement is incorrect because the Supreme Court did not define the Basic Structure of the Constitution in the Kesavananda Bharati judgement. Instead, it laid down the doctrine of the Basic Structure and recognized its existence. The court held that certain essential features of the Constitution cannot be amended by the Parliament, as they form the basic foundation and structure of the Constitution. However, the court did not provide an exhaustive list of the features that constitute the Basic Structure.
The Basic Structure doctrine was established in the Kesavananda Bharati case in 1973. The case challenged the constitutional validity of the 24th Amendment Act, 1971, which sought to abrogate the Supreme Court's power to review constitutional amendments. The Supreme Court, in its judgement, upheld the power of judicial review and introduced the concept of the Basic Structure.
The court held that while the Parliament has the power to amend the Constitution, it cannot alter its Basic Structure. The Basic Structure is determined by examining the Preamble, the fundamental rights, the directive principles of state policy, the separation of powers, federalism, and the rule of law. These features are considered to be the core and essence of the Constitution, and any amendment that violates these principles can be struck down by the judiciary.
Since the Kesavananda Bharati judgement, the Basic Structure doctrine has become a cornerstone of Indian constitutional law. It acts as a check on the powers of the Parliament and ensures that the basic principles and values of the Constitution are protected. The Supreme Court has used the doctrine to strike down several constitutional amendments that were deemed to violate the Basic Structure.
In conclusion, the correct statement is that the Basic Structure of the Constitution refers to features of the Constitution that even the Parliament cannot amend. The Supreme Court introduced the concept of the Basic Structure in the Kesavananda Bharati judgement and held that certain essential features of the Constitution form its basic foundation and structure, which cannot be altered by the Parliament.
Explanation:
The Basic Structure of the Constitution refers to the fundamental principles and values that form the foundation of the Constitution. These are the features of the Constitution that are considered to be so essential that even the Parliament cannot amend them. The concept of the Basic Structure was first introduced by the Supreme Court in the landmark Kesavananda Bharati judgement.
The second statement is incorrect because the Supreme Court did not define the Basic Structure of the Constitution in the Kesavananda Bharati judgement. Instead, it laid down the doctrine of the Basic Structure and recognized its existence. The court held that certain essential features of the Constitution cannot be amended by the Parliament, as they form the basic foundation and structure of the Constitution. However, the court did not provide an exhaustive list of the features that constitute the Basic Structure.
The Basic Structure doctrine was established in the Kesavananda Bharati case in 1973. The case challenged the constitutional validity of the 24th Amendment Act, 1971, which sought to abrogate the Supreme Court's power to review constitutional amendments. The Supreme Court, in its judgement, upheld the power of judicial review and introduced the concept of the Basic Structure.
The court held that while the Parliament has the power to amend the Constitution, it cannot alter its Basic Structure. The Basic Structure is determined by examining the Preamble, the fundamental rights, the directive principles of state policy, the separation of powers, federalism, and the rule of law. These features are considered to be the core and essence of the Constitution, and any amendment that violates these principles can be struck down by the judiciary.
Since the Kesavananda Bharati judgement, the Basic Structure doctrine has become a cornerstone of Indian constitutional law. It acts as a check on the powers of the Parliament and ensures that the basic principles and values of the Constitution are protected. The Supreme Court has used the doctrine to strike down several constitutional amendments that were deemed to violate the Basic Structure.
In conclusion, the correct statement is that the Basic Structure of the Constitution refers to features of the Constitution that even the Parliament cannot amend. The Supreme Court introduced the concept of the Basic Structure in the Kesavananda Bharati judgement and held that certain essential features of the Constitution form its basic foundation and structure, which cannot be altered by the Parliament.
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Consider the following statements regarding the Basic Structure of the Constitution:1. It refers to features of the Constitution that even the Parliament cannot amend.2. The Supreme Court has defined the Basic Structure of the Constitution in the Kesavananda Bharati judgement.Which of the statement(s) given above is/are correct?a) 1 Onlyb) 2 Onlyc) Both of themd) Neither of themCorrect answer is option 'A'. Can you explain this answer?
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