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What is the Basic Structure Doctrine?
- a)A principle stating that certain features of the Indian Constitution cannot be destroyed through amendments
- b)A doctrine stating that the Indian Constitution can be completely changed through amendments
- c)A principle stating that the Indian Constitution has certain features that can be altered only through a referendum
- d)A doctrine stating that the Parliament can rewrite the Constitution
Correct answer is option 'A'. Can you explain this answer?
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What is the Basic Structure Doctrine?a)A principle stating that certai...
The Basic Structure Doctrine:
The Basic Structure Doctrine is a principle in Indian constitutional law that states that certain features of the Indian Constitution are so fundamental and essential that they cannot be destroyed or altered through amendments by the Parliament. This doctrine was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.
Background:
Before the Kesavananda Bharati case, there was a prevailing belief that the Parliament had unlimited power to amend the Constitution. However, this case brought about a significant shift in the understanding of constitutional amendments and the limits of parliamentary power. The case challenged the validity of the 24th Amendment Act, which sought to curtail the power of the judiciary to review constitutional amendments.
Principle of Basic Structure Doctrine:
The Supreme Court, in its judgment, held that the Parliament has the power to amend any provision of the Constitution, including fundamental rights, but this power is not absolute. The court recognized that there are certain basic features and essential elements of the Constitution that cannot be altered as they form the core foundation of the Constitution.
Features of Basic Structure:
The Basic Structure Doctrine does not explicitly define the features that constitute the basic structure of the Indian Constitution. However, through various judgments, the Supreme Court has identified certain features as part of the basic structure. These include:
1. Supremacy of the Constitution: The Constitution is the supreme law of the land, and all other laws must conform to its provisions.
2. Sovereign, Democratic, and Republic nature of India: The principles of democracy, republicanism, and sovereignty of the nation are inherent in the Constitution.
3. Rule of Law: The Constitution establishes the rule of law as a fundamental principle.
4. Judicial Review: The power of the judiciary to review the constitutionality of laws and executive actions is an essential feature.
5. Fundamental Rights: The protection and enforcement of fundamental rights are integral to the Constitution.
6. Separation of Powers: The Constitution establishes a separation of powers between the executive, legislature, and judiciary.
7. Federalism: The distribution of powers between the central and state governments is a key feature.
8. Secularism: The principle of secularism, which ensures equality of all religions, is a part of the basic structure.
Conclusion:
The Basic Structure Doctrine is a significant development in Indian constitutional law. It places certain limitations on the power of the Parliament to amend the Constitution, ensuring the preservation of its core principles and values. The doctrine acts as a safeguard against any arbitrary change that may undermine the basic structure of the Constitution and helps maintain the integrity and stability of the Indian democratic system.
The Basic Structure Doctrine is a principle in Indian constitutional law that states that certain features of the Indian Constitution are so fundamental and essential that they cannot be destroyed or altered through amendments by the Parliament. This doctrine was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.
Background:
Before the Kesavananda Bharati case, there was a prevailing belief that the Parliament had unlimited power to amend the Constitution. However, this case brought about a significant shift in the understanding of constitutional amendments and the limits of parliamentary power. The case challenged the validity of the 24th Amendment Act, which sought to curtail the power of the judiciary to review constitutional amendments.
Principle of Basic Structure Doctrine:
The Supreme Court, in its judgment, held that the Parliament has the power to amend any provision of the Constitution, including fundamental rights, but this power is not absolute. The court recognized that there are certain basic features and essential elements of the Constitution that cannot be altered as they form the core foundation of the Constitution.
Features of Basic Structure:
The Basic Structure Doctrine does not explicitly define the features that constitute the basic structure of the Indian Constitution. However, through various judgments, the Supreme Court has identified certain features as part of the basic structure. These include:
1. Supremacy of the Constitution: The Constitution is the supreme law of the land, and all other laws must conform to its provisions.
2. Sovereign, Democratic, and Republic nature of India: The principles of democracy, republicanism, and sovereignty of the nation are inherent in the Constitution.
3. Rule of Law: The Constitution establishes the rule of law as a fundamental principle.
4. Judicial Review: The power of the judiciary to review the constitutionality of laws and executive actions is an essential feature.
5. Fundamental Rights: The protection and enforcement of fundamental rights are integral to the Constitution.
6. Separation of Powers: The Constitution establishes a separation of powers between the executive, legislature, and judiciary.
7. Federalism: The distribution of powers between the central and state governments is a key feature.
8. Secularism: The principle of secularism, which ensures equality of all religions, is a part of the basic structure.
Conclusion:
The Basic Structure Doctrine is a significant development in Indian constitutional law. It places certain limitations on the power of the Parliament to amend the Constitution, ensuring the preservation of its core principles and values. The doctrine acts as a safeguard against any arbitrary change that may undermine the basic structure of the Constitution and helps maintain the integrity and stability of the Indian democratic system.
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What is the Basic Structure Doctrine?a)A principle stating that certai...
The Basic Structure Doctrine was propounded by Justice Hans Raj Khanna in the Kesavananda Bharti Case (1973). The doctrine states that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. It is meant to preserve the soul idea and philosophy of the original constitution.
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What is the Basic Structure Doctrine?a)A principle stating that certain features of the Indian Constitution cannot be destroyed through amendmentsb)A doctrine stating that the Indian Constitution can be completely changed through amendmentsc)A principle stating that the Indian Constitution has certain features that can be altered only through a referendumd)A doctrine stating that the Parliament can rewrite the ConstitutionCorrect answer is option 'A'. Can you explain this answer?
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What is the Basic Structure Doctrine?a)A principle stating that certain features of the Indian Constitution cannot be destroyed through amendmentsb)A doctrine stating that the Indian Constitution can be completely changed through amendmentsc)A principle stating that the Indian Constitution has certain features that can be altered only through a referendumd)A doctrine stating that the Parliament can rewrite the ConstitutionCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about What is the Basic Structure Doctrine?a)A principle stating that certain features of the Indian Constitution cannot be destroyed through amendmentsb)A doctrine stating that the Indian Constitution can be completely changed through amendmentsc)A principle stating that the Indian Constitution has certain features that can be altered only through a referendumd)A doctrine stating that the Parliament can rewrite the ConstitutionCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What is the Basic Structure Doctrine?a)A principle stating that certain features of the Indian Constitution cannot be destroyed through amendmentsb)A doctrine stating that the Indian Constitution can be completely changed through amendmentsc)A principle stating that the Indian Constitution has certain features that can be altered only through a referendumd)A doctrine stating that the Parliament can rewrite the ConstitutionCorrect answer is option 'A'. Can you explain this answer?.
What is the Basic Structure Doctrine?a)A principle stating that certain features of the Indian Constitution cannot be destroyed through amendmentsb)A doctrine stating that the Indian Constitution can be completely changed through amendmentsc)A principle stating that the Indian Constitution has certain features that can be altered only through a referendumd)A doctrine stating that the Parliament can rewrite the ConstitutionCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about What is the Basic Structure Doctrine?a)A principle stating that certain features of the Indian Constitution cannot be destroyed through amendmentsb)A doctrine stating that the Indian Constitution can be completely changed through amendmentsc)A principle stating that the Indian Constitution has certain features that can be altered only through a referendumd)A doctrine stating that the Parliament can rewrite the ConstitutionCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What is the Basic Structure Doctrine?a)A principle stating that certain features of the Indian Constitution cannot be destroyed through amendmentsb)A doctrine stating that the Indian Constitution can be completely changed through amendmentsc)A principle stating that the Indian Constitution has certain features that can be altered only through a referendumd)A doctrine stating that the Parliament can rewrite the ConstitutionCorrect answer is option 'A'. Can you explain this answer?.
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