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With reference to the Basic Structure of the Constitution, consider the following statements:
1. Under Article 368, Parliament can amend the ‘basic structure’ of the Constitution.
2. Supreme Court of India has defined the Basic Structure of Indian constitution inKesavananda Bharti case of 1973.
Which of the statements given above is/are incorrect?
1. Under Article 368, Parliament can amend the ‘basic structure’ of the Constitution.
2. Supreme Court of India has defined the Basic Structure of Indian constitution inKesavananda Bharti case of 1973.
Which of the statements given above is/are incorrect?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
With reference to the Basic Structureof the Constitution, consider the...
Option (c) is correct:
Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution. Parliament has not defined the basic structure of the Constitution. From the various judgements, the following have emerged as ‘basic features’ of the Constitution or elements / components / ingredients of the ‘basic structure’ of the constitution:
Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution. Parliament has not defined the basic structure of the Constitution. From the various judgements, the following have emerged as ‘basic features’ of the Constitution or elements / components / ingredients of the ‘basic structure’ of the constitution:
- Supremacy of the Constitution.
- Sovereign, democratic and republican nature of the Indian polity.
- Secular character of the Constitution.
- Separation of powers between the legislature, the executive and the judiciary.
- Federal character of the Constitution.
- Unity and integrity of the nation.
- Welfare state (socio-economic justice).
- Judicial review.
- Freedom and dignity of the individual.
- Parliamentary system.
- Rule of law.
- Harmony and balance between Fundamental Rights and Directive Principles.
- Principle of equality.
- Free and fair elections.
- Independence of Judiciary.
- Limited power of Parliament to amend the Constitution.
- Effective access to justice.
- Principles (or essence) underlying fundamental rights.
- Powers of the Supreme Court under Articles 32, 136, 141 and 142.
- Powers of the High Courts under Articles 226 and 227.
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With reference to the Basic Structureof the Constitution, consider the...
Incorrect Statements regarding Basic Structure of the Constitution:
Statement 1:
Under Article 368, Parliament can amend the ‘basic structure’ of the Constitution.
Explanation:
This statement is incorrect. The Supreme Court of India has held that while Parliament has the power to amend the Constitution under Article 368, it cannot amend the 'basic structure' of the Constitution. The basic structure doctrine was established in the landmark case of Kesavananda Bharti v. State of Kerala in 1973.
Statement 2:
Supreme Court of India has defined the Basic Structure of Indian constitution in Kesavananda Bharti case of 1973.
Explanation:
This statement is incorrect. The Supreme Court indeed defined the basic structure of the Indian Constitution in the Kesavananda Bharti case of 1973. The court held that certain features of the Constitution, such as federalism, secularism, democracy, and judicial review, form part of its basic structure and cannot be amended by Parliament.
Conclusion:
Both statements 1 and 2 are incorrect. The basic structure of the Constitution cannot be amended by Parliament, as established by the Supreme Court in the Kesavananda Bharti case.
Statement 1:
Under Article 368, Parliament can amend the ‘basic structure’ of the Constitution.
Explanation:
This statement is incorrect. The Supreme Court of India has held that while Parliament has the power to amend the Constitution under Article 368, it cannot amend the 'basic structure' of the Constitution. The basic structure doctrine was established in the landmark case of Kesavananda Bharti v. State of Kerala in 1973.
Statement 2:
Supreme Court of India has defined the Basic Structure of Indian constitution in Kesavananda Bharti case of 1973.
Explanation:
This statement is incorrect. The Supreme Court indeed defined the basic structure of the Indian Constitution in the Kesavananda Bharti case of 1973. The court held that certain features of the Constitution, such as federalism, secularism, democracy, and judicial review, form part of its basic structure and cannot be amended by Parliament.
Conclusion:
Both statements 1 and 2 are incorrect. The basic structure of the Constitution cannot be amended by Parliament, as established by the Supreme Court in the Kesavananda Bharti case.
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With reference to the Basic Structureof the Constitution, consider thefollowing statements:1. Under Article 368, Parliamentcan amend the ‘basic structure’of the Constitution.2. Supreme Court of India hasdefined the Basic Structure ofIndian constitution inKesavananda Bharti case of1973.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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