Which among the following statements about the power to change the bas...
The Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati Case. (1973) Basic Structure of the Indian Constitution is not defined. But according to SC, the basic structure can be evolved but cannot be destroyed. Hence it falls within the constituent powers of the Parliament. Hence both 1 and 3 are correct.
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Which among the following statements about the power to change the bas...
The correct answer is option A: 1 and 3.
Explanation:
1. The power to change the basic structure of the Constitution falls outside the scope of the amending powers of the Parliament. The Parliament can amend the Constitution under Article 368, but it cannot alter the basic structure of the Constitution. The basic structure doctrine was established by the Supreme Court in the famous Kesavananda Bharati case (1973), where it held that there are certain fundamental features of the Constitution that cannot be amended by the Parliament.
2. The power to change the basic structure of the Constitution cannot be exercised by the people through representatives in a Constituent Assembly. A Constituent Assembly is convened to draft a new constitution or make substantial changes to an existing constitution. Once a constitution is in place, the power to amend or change it lies with the Parliament and not the Constituent Assembly.
3. The power to change the basic structure of the Constitution falls within the constituent powers of the Parliament. While the Parliament cannot alter the basic structure of the Constitution through the amending powers mentioned in Article 368, it can exercise its constituent powers to bring about changes in the basic structure. However, any such changes made by the Parliament can be subject to judicial review by the Supreme Court to ensure that they do not violate the basic structure of the Constitution.
In conclusion, the power to change the basic structure of the Constitution falls outside the scope of the amending powers of the Parliament but falls within its constituent powers. This power cannot be exercised by the people through representatives in a Constituent Assembly.