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Consider the following statements about the Basic Structure Doctrine:
  1. The Doctrine of Basic Structure is mentioned in the Constitution of India.
  2. Constitutional Amendments cannot be overturned by the Supreme Court, under the Doctrine of Basic Structure.
  3. The Supreme Court has laid down a comprehensive list of the constituents of the Basic Structure of the Constitution.
Which of the statements given above are incorrect?
  • a)
    3 only
  • b)
    2 and 3 only
  • c)
    1 and 2 only
  • d)
    1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements about the Basic Structure Doctrine: ...
  • The Doctrine of Basic Structure: In the Kesavananda Bharati Case (1973), the Supreme Court overruled its judgment in the Golak Nath Case (1967), It upheld the validity of the 24th Amendment Act (1971) and stated that the Parliament is empowered to abridge or take away any of the Fundamental Rights.
  • At the same time, it laid down a new Doctrine of the ‘Basic Structure’ (or ‘Basic Features’) of the Constitution. It ruled that the constituent power of the Parliament, under Article 368, does not enable it to alter the ‘Basic Structure’ of the Constitution.
  • This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the “Basic Structure’ of the Constitution.
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Community Answer
Consider the following statements about the Basic Structure Doctrine: ...
Incorrect Statements about Basic Structure Doctrine
The correct answer is option D, which means that all the statements given are incorrect.

Explanation:

Statement 1: The Doctrine of Basic Structure is not explicitly mentioned in the Constitution of India. However, it has been developed and evolved through judicial interpretation by the Indian Supreme Court over time.

Statement 2: Under the Doctrine of Basic Structure, the Supreme Court has the power to review Constitutional Amendments to ensure that they do not alter the essential features or basic structure of the Constitution. If an amendment is found to violate the basic structure, it can be struck down by the Supreme Court.

Statement 3: The Supreme Court has not laid down a fixed or exhaustive list of constituents of the Basic Structure of the Constitution. Instead, it has identified certain key principles such as the supremacy of the Constitution, democracy, secularism, federalism, and separation of powers, which are considered part of the basic structure. However, the Court has also left room for flexibility and evolution in determining what constitutes the basic structure.
In conclusion, the Basic Structure Doctrine is an important principle in Indian constitutional law, and it plays a crucial role in upholding the core values and principles of the Constitution.
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Consider the following statements about the Basic Structure Doctrine: The Doctrine of Basic Structure is mentioned in the Constitution of India. Constitutional Amendments cannot be overturned by the Supreme Court, under the Doctrine of Basic Structure. The Supreme Court has laid down a comprehensive list of the constituents of the Basic Structure of the Constitution.Which of the statements given above are incorrect?a)3 onlyb)2 and 3 onlyc)1 and 2 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?
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