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Which of the following features are part of the Basic Structure of the Indian constitution?
- Rule of law
- Free and fair elections
- Parliamentary system
- Principle of equality
- Independence of Judiciary
Which of the statements given above is/are correct?
- a)1, 2, 3 and 5 only
- b)1, 2 and 4 only
- c)3, 4 and 5 only
- d)1, 2, 3, 4 and 5
Correct answer is option 'D'. Can you explain this answer?
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Which of the following features are part of the Basic Structure of the...
Basic Structure of the Indian Constitution
The Basic Structure of the Indian Constitution refers to the fundamental principles and features that form the foundation of the Constitution and cannot be altered or amended by the Parliament. These features are considered essential for upholding the democratic and constitutional values of the country. Let's examine each of the given features and determine if they are part of the Basic Structure.
1. Rule of law:
The rule of law is a fundamental principle of the Indian Constitution. It ensures that all individuals, including the government, are subject to the law and that no one is above it. It provides for equality before the law and guarantees the protection of individual rights and liberties. Therefore, the rule of law is an integral part of the Basic Structure.
2. Free and fair elections:
Free and fair elections are the bedrock of a democratic system. They ensure that citizens have the right to choose their representatives and participate in the governance process. The Constitution of India guarantees the right to vote and provides for the conduct of elections through an independent Election Commission. Thus, free and fair elections are an essential component of the Basic Structure.
3. Parliamentary system:
The Indian Constitution adopts a parliamentary system of government, wherein the executive is responsible to the legislature. It establishes a bicameral legislature consisting of the President, Rajya Sabha (Council of States), and Lok Sabha (House of the People). The parliamentary system ensures accountability and transparency in the functioning of the government. Therefore, it is a crucial element of the Basic Structure.
4. Principle of equality:
The principle of equality is enshrined in the Indian Constitution and is essential for upholding justice and fairness. It prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. The Constitution provides for the right to equality before the law and equal protection of laws. Thus, the principle of equality forms an integral part of the Basic Structure.
5. Independence of Judiciary:
The independence of the judiciary is a cornerstone of the Indian Constitution. It ensures that the judiciary remains impartial, free from any external influence, and acts as a protector of rights and liberties. The Constitution establishes an independent judiciary with the Supreme Court as the highest judicial authority. Therefore, the independence of the judiciary is a crucial feature of the Basic Structure.
Conclusion:
All the given features, namely the rule of law, free and fair elections, parliamentary system, principle of equality, and independence of the judiciary, are part of the Basic Structure of the Indian Constitution. These features collectively uphold the democratic and constitutional values of the country and cannot be altered or amended by the Parliament.
The Basic Structure of the Indian Constitution refers to the fundamental principles and features that form the foundation of the Constitution and cannot be altered or amended by the Parliament. These features are considered essential for upholding the democratic and constitutional values of the country. Let's examine each of the given features and determine if they are part of the Basic Structure.
1. Rule of law:
The rule of law is a fundamental principle of the Indian Constitution. It ensures that all individuals, including the government, are subject to the law and that no one is above it. It provides for equality before the law and guarantees the protection of individual rights and liberties. Therefore, the rule of law is an integral part of the Basic Structure.
2. Free and fair elections:
Free and fair elections are the bedrock of a democratic system. They ensure that citizens have the right to choose their representatives and participate in the governance process. The Constitution of India guarantees the right to vote and provides for the conduct of elections through an independent Election Commission. Thus, free and fair elections are an essential component of the Basic Structure.
3. Parliamentary system:
The Indian Constitution adopts a parliamentary system of government, wherein the executive is responsible to the legislature. It establishes a bicameral legislature consisting of the President, Rajya Sabha (Council of States), and Lok Sabha (House of the People). The parliamentary system ensures accountability and transparency in the functioning of the government. Therefore, it is a crucial element of the Basic Structure.
4. Principle of equality:
The principle of equality is enshrined in the Indian Constitution and is essential for upholding justice and fairness. It prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. The Constitution provides for the right to equality before the law and equal protection of laws. Thus, the principle of equality forms an integral part of the Basic Structure.
5. Independence of Judiciary:
The independence of the judiciary is a cornerstone of the Indian Constitution. It ensures that the judiciary remains impartial, free from any external influence, and acts as a protector of rights and liberties. The Constitution establishes an independent judiciary with the Supreme Court as the highest judicial authority. Therefore, the independence of the judiciary is a crucial feature of the Basic Structure.
Conclusion:
All the given features, namely the rule of law, free and fair elections, parliamentary system, principle of equality, and independence of the judiciary, are part of the Basic Structure of the Indian Constitution. These features collectively uphold the democratic and constitutional values of the country and cannot be altered or amended by the Parliament.
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Which of the following features are part of the Basic Structure of the...
Chief Justice of India recently refused to speak on the Basic Structure Doctrine at a public function, saying he would rather express through his judgments and not through a public pronouncement outside the court.
About Basic Structure Doctrine:
- In 1973, a 13-judge Constitution Bench of the Supreme Court (SC) ruled in Kesavananda Bharati v. State of Kerala that Article 368 of the Constitution does not enable Parliament to amend the basic framework of the document.
- The historic ruling came to be known as the “basic structure” doctrine — a judicial principle that the Constitution has certain basic features that cannot be altered or destroyed by amendments by Parliament.
- Over the years, various facets of the basic structure doctrine have evolved, forming the basis for judicial review of Constitutional amendments.
- How did it evolve?
- In I.C. Golak Nath v. State of Punjab (1967), the SC held that Parliament could not curtail fundamental rights guaranteed under the Constitution.
- The then government enacted a series of constitutional amendments following successive rulings against it.
- The 24th Constitutional (Amendment) Act, 25th Constitutional (Amendment) Act, and 29th Constitutional (Amendment) Act gave Parliament uncontrolled power to alter or even abolish any fundamental right.
- The Kesavananda Bharati case was the culmination of a conflict between the judiciary and the then-Indira Gandhi-led government.
- Kesavananda Bharati vs. State of Kerala (1973):
- The case is also known as the Fundamental Rights Case.
- In 1970, Kesavananda Bharti, the head of a math in Kerala, challenged the Kerala Land Reforms Act related to restrictions on the management of religious property.
- The case was heard by the largest-ever Constitution Bench of 13 judges.
- It upheld the validity of the 24th Constitutional Amendment Act (1971) and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.
- As per 24th C.A.A., Constitutional Amendments were not considered laws under Article 13. This amendment gave unlimited power to the Parliament to amend or repeal any part of the Constitution of India.
- However, the Court laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution.
- The SC in the Kesavananda Bharti case held that although Parliament has the power to amend any part of the Constitution, it could not use this power to alter or destroy its “basic structure.
- The Court propounded what has come to be known as the “Basic Structure of the Constitution”.
- Thus, this landmark judgment meant that every provision of the Constitution could be amended, but these amendments can be subjected to judicial review to ascertain that the Basic Structure of the Constitution remains intact.
- The Parliament reacted to this judicially innovated doctrine of ‘basic structure’ by enacting the 42nd Amendment Act (1976).
- This Act amended Article 368 and declared that there is no limitation on the constituent power of Parliament, and no amendment can be questioned in any court on any ground, including that of the contravention of any of the Fundamental Rights.
- However, the SC in the Minerva Mills case (1980) invalidated this provision as it excluded judicial review, which is a ‘basic feature’ of the Constitution.
- Again in the Waman Rao case (1981), the SC adhered to the doctrine of the ‘basic structure’ and further clarified that it would apply to constitutional amendments enacted after April 24, 1973. It is the date of the judgement in the Kesavananda Bharati case.
- Which features of the constitution constitute the Basic Structure? The components of the Basic Structure provided in the constitution have been recognized by the judiciary in various cases to date. Some of these components are
- Supremacy of the Constitution
- Sovereign, democratic and republican nature of the Indian polity
- Separation of powers between the legislature, the executive and the judiciary
- Judicial review
- Parliamentary system
- Rule of law
- Principle of equality
- Free and fair elections
- Independence of Judiciary
- Limited power of Parliament to amend the Constitution
Hence option d is the correct answer.
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Which of the following features are part of the Basic Structure of the Indian constitution? Rule of law Free and fair elections Parliamentary system Principle of equality Independence of JudiciaryWhich of the statements given above is/are correct?a)1, 2, 3 and 5 onlyb)1, 2 and 4 onlyc)3, 4 and 5 onlyd)1, 2, 3, 4 and 5Correct answer is option 'D'. Can you explain this answer?
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Which of the following features are part of the Basic Structure of the Indian constitution? Rule of law Free and fair elections Parliamentary system Principle of equality Independence of JudiciaryWhich of the statements given above is/are correct?a)1, 2, 3 and 5 onlyb)1, 2 and 4 onlyc)3, 4 and 5 onlyd)1, 2, 3, 4 and 5Correct answer is option 'D'. 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 Which of the following features are part of the Basic Structure of the Indian constitution? Rule of law Free and fair elections Parliamentary system Principle of equality Independence of JudiciaryWhich of the statements given above is/are correct?a)1, 2, 3 and 5 onlyb)1, 2 and 4 onlyc)3, 4 and 5 onlyd)1, 2, 3, 4 and 5Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following features are part of the Basic Structure of the Indian constitution? Rule of law Free and fair elections Parliamentary system Principle of equality Independence of JudiciaryWhich of the statements given above is/are correct?a)1, 2, 3 and 5 onlyb)1, 2 and 4 onlyc)3, 4 and 5 onlyd)1, 2, 3, 4 and 5Correct answer is option 'D'. Can you explain this answer?.
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