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Consider the following statements.
1. Supreme Court can strike down certain provisions/amendments of the Indian Constitution, if it feels that the provisions are unconstitutional or alter the basic structure of the constitution
2. But striking down does not take away the provisions from the Constitution
3. To take away the provisions, Parliament has to present a Constitution Amendment bill to repeal the provisions
Which of these statements is/are correct?
- a)1 and 2 Only
- b)2 and 3 Only
- c)1 and 3 Only
- d)All of them
Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements.1. Supreme Court can strike down c...
Understanding the Statements
To evaluate the correctness of the statements regarding the Supreme Court's power and the constitutional provisions, let’s break down each statement:
Statement 1: Supreme Court's Power to Strike Down Provisions
- The Supreme Court has the authority to declare certain provisions or amendments of the Indian Constitution unconstitutional if they violate fundamental rights or alter the basic structure of the Constitution.
- This principle stems from the landmark case of Kesavananda Bharati vs. State of Kerala (1973), establishing the "basic structure doctrine."
Statement 2: Nature of Striking Down
- When the Supreme Court strikes down a provision, it means that the provision is deemed invalid or unenforceable. However, this action does not remove the provision from the Constitution itself.
- The provision remains in the text of the Constitution but is considered non-operative.
Statement 3: Repealing Provisions
- For a provision to be entirely removed from the Constitution, Parliament must introduce a Constitution Amendment Bill to repeal it.
- This process involves a special procedure and is not automatically triggered by the Supreme Court's decision.
Conclusion
- All three statements are correct:
- Statement 1 accurately describes the Supreme Court's power.
- Statement 2 clarifies that striking down does not equate to removal.
- Statement 3 outlines the procedure for repealing provisions.
Therefore, the correct answer is option 'D' - all statements are valid.
To evaluate the correctness of the statements regarding the Supreme Court's power and the constitutional provisions, let’s break down each statement:
Statement 1: Supreme Court's Power to Strike Down Provisions
- The Supreme Court has the authority to declare certain provisions or amendments of the Indian Constitution unconstitutional if they violate fundamental rights or alter the basic structure of the Constitution.
- This principle stems from the landmark case of Kesavananda Bharati vs. State of Kerala (1973), establishing the "basic structure doctrine."
Statement 2: Nature of Striking Down
- When the Supreme Court strikes down a provision, it means that the provision is deemed invalid or unenforceable. However, this action does not remove the provision from the Constitution itself.
- The provision remains in the text of the Constitution but is considered non-operative.
Statement 3: Repealing Provisions
- For a provision to be entirely removed from the Constitution, Parliament must introduce a Constitution Amendment Bill to repeal it.
- This process involves a special procedure and is not automatically triggered by the Supreme Court's decision.
Conclusion
- All three statements are correct:
- Statement 1 accurately describes the Supreme Court's power.
- Statement 2 clarifies that striking down does not equate to removal.
- Statement 3 outlines the procedure for repealing provisions.
Therefore, the correct answer is option 'D' - all statements are valid.
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Consider the following statements.1. Supreme Court can strike down c...
The Supreme Court can strike down certain provisions/amendments of the Indian Constitution if it feels that the provisions are unconstitutional or alter the basic structure of the constitution. But striking down does not take away the provisions from the Constitution. To take away the provisions, Parliament has to present a Constitution Amendment bill to repeal the provisions.
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Consider the following statements.1. Supreme Court can strike down certain provisions/amendments of the Indian Constitution, if it feels that the provisions are unconstitutional or alter the basic structure of the constitution2. But striking down does not take away the provisions from the Constitution3. To take away the provisions, Parliament has to present a Constitution Amendment bill to repeal the provisionsWhich of these statements is/are correct?a) 1 and 2 Onlyb) 2 and 3 Onlyc) 1 and 3 Onlyd) All of themCorrect answer is option 'D'. Can you explain this answer?
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