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Which of the following is NOT listed as a basic structure of the Indian Constitution according to the Kesavananda Bharati case?
- a)Supremacy of the Constitution
- b)Federal character of the Constitution
- c)Strong executive powers
- d)Secular character of the Constitution
Correct answer is option 'C'. Can you explain this answer?
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Which of the following is NOT listed as a basic structure of the India...
The Kesavananda Bharati case listed several basic structures of the Indian Constitution, including the supremacy of the Constitution, federal character, and secular character. However, "strong executive powers" are not explicitly mentioned as part of the basic structure.
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Which of the following is NOT listed as a basic structure of the India...
Kesavananda Bharati Case Overview
The Kesavananda Bharati case (1973) is a landmark judgment by the Supreme Court of India, where the basic structure doctrine was articulated. This doctrine asserts that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
Basic Structures Identified
The Supreme Court identified several key features of the Indian Constitution that constitute its basic structure:
Why Strong Executive Powers is NOT a Basic Structure
Among the options presented, "Strong executive powers" is not considered a basic structure of the Constitution. Here’s why:
In conclusion, while the supremacy of the Constitution, federal character, and secular nature are foundational, strong executive powers do not constitute a basic structure and can be subject to legislative changes.
The Kesavananda Bharati case (1973) is a landmark judgment by the Supreme Court of India, where the basic structure doctrine was articulated. This doctrine asserts that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
Basic Structures Identified
The Supreme Court identified several key features of the Indian Constitution that constitute its basic structure:
- Supremacy of the Constitution: The Constitution is the highest law of the land, overriding all other laws.
- Federal Character of the Constitution: The distribution of powers between the central government and state governments ensures a federal structure.
- Secular Character of the Constitution: The State treats all religions equally and does not favor or discriminate against any religion.
Why Strong Executive Powers is NOT a Basic Structure
Among the options presented, "Strong executive powers" is not considered a basic structure of the Constitution. Here’s why:
- Nature of Executive Powers: The Constitution provides for a parliamentary system where the executive is accountable to the legislature, and thus, the executive's powers are not absolute.
- Focus on Accountability: The Constitution emphasizes the need for checks and balances rather than concentrating power within the executive branch.
- Subject to Amendments: Unlike the basic structures, provisions regarding the executive can be amended to reflect changing political dynamics and needs.
In conclusion, while the supremacy of the Constitution, federal character, and secular nature are foundational, strong executive powers do not constitute a basic structure and can be subject to legislative changes.
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Which of the following is NOT listed as a basic structure of the Indian Constitution according to the Kesavananda Bharati case?a)Supremacy of the Constitutionb)Federal character of the Constitutionc)Strong executive powersd)Secular character of the ConstitutionCorrect answer is option 'C'. Can you explain this answer?
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