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To which constitutional amendments does the Basic Structure Doctrine apply?
  • a)
    All constitutional amendments that do not alter the basic structure of the Constitution
  • b)
    Only those amendments that can destroy or change basic philosophical ideas of the original constitution
  • c)
    Only amendments related to Fundamental Rights
  • d)
    Only amendments related to the powers of the President of India
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
To which constitutional amendments does the Basic Structure Doctrine a...
The Basic Structure Doctrine applies only to constitutional amendments, mainly those amendments that can destroy or change basic philosophical ideas of the original constitution. Any law that violates the Basic Structure Doctrine can be declared null by the Supreme Court.
Therefore,Correct Answer- Option B
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Community Answer
To which constitutional amendments does the Basic Structure Doctrine a...
Understanding the Basic Structure Doctrine
The Basic Structure Doctrine is a judicial principle in India that ensures certain fundamental features of the Constitution cannot be altered or destroyed by amendments. This doctrine emerged from landmark Supreme Court judgments, primarily the Kesavananda Bharati case in 1973.
Application of the Basic Structure Doctrine
The correct answer, option 'B', emphasizes that the Basic Structure Doctrine applies specifically to amendments that can destroy or change the basic philosophical ideas of the original Constitution. Here’s a breakdown of why this is the case:
  • Preservation of Core Values: The Constitution embodies fundamental principles such as democracy, secularism, and the rule of law. Any amendment that threatens these values is subject to scrutiny under this doctrine.
  • Judicial Oversight: The Supreme Court has the authority to review amendments that may infringe upon the basic structure, maintaining a balance between parliamentary power and constitutional integrity.
  • Not All Amendments: While all amendments must comply with the Constitution, only those that have the potential to undermine its foundational philosophy are directly impacted by this doctrine. This excludes amendments that merely address procedural or non-fundamental issues.
  • Examples: Amendments that affect basic rights, the federal structure, or the independence of the judiciary are often examined under the Basic Structure Doctrine.

Conclusion
In summary, the Basic Structure Doctrine serves as a safeguard for the Constitution's core principles, ensuring that any amendment that could change its fundamental philosophy undergoes rigorous judicial review. Thus, option 'B' accurately reflects the doctrine's focus on preserving the foundational values of the Constitution.
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