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CLAT Exam  >  CLAT Questions  >  Legal Principle: The doctrine of basic struct... Start Learning for Free
Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.
Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.
Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:
  • a)
    The proposed amendment is against the doctrine of basic structure.
  • b)
    The proposed amendment is unconnected to the doctrine of basic structure.
  • c)
    The proposed amendment can be reviewed and struck down by the Constitutional Courts.
  • d)
    The proposed amendment is beyond the power of the Parliament.
Correct answer is option 'C'. Can you explain this answer?
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Legal Principle: The doctrine of basic structure in Constitutional jur...
Doctrine of Basic Structure and Judicial Review

The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.

Proposed Amendment by Parliament

Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.

Appropriate Statement in Relation to Legal Principle

The most appropriate statement in relation to the legal principle stated above is that the proposed amendment can be reviewed and struck down by the Constitutional Courts. This is because the power of judicial review is a part of the basic structure of the Constitution and any amendment that seeks to abrogate this power can be considered as violating the basic structure.

Therefore, if the Constitutional Courts find that the proposed amendment is against the basic structure, they can review it and strike it down. This does not mean that all amendments are prohibited, but only those that violate the basic structure. In this case, the limitation of the power of appeal against conviction for the offence of Sedition only to the Supreme Court may be considered as affecting the power of judicial review and thus may be challenged on the grounds of violating the basic structure.

Conclusion

In conclusion, the proposed amendment can be reviewed and struck down by the Constitutional Courts if it is found to be against the basic structure of the Constitution. The power of judicial review is a part of the basic structure and any attempt to abrogate this power can be considered as violating the basic structure.
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Legal Principle: The doctrine of basic structure in Constitutional jur...
The propose struck down by the Constitutional Court.
Now the question arises why?
Firstly you can search what is Constitutional Court:- A constitutional court is a high court that deals primarily with constitutional law.

That's why this propose of amendment struck for Judicial Review. Because Parliament have not Power to amend basic features of Constitution, it can only amend by Judicial Review means by Constitutional Court.
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Direction: You have been given some passages followd by questions based on each passage. You are required to choose the mot appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.The polity assured to the people of India by the Constitution is described in the Preamble wherein the word "secular" was added by the 42nd Amendment. It highlights the fundamental rights guaranteed in Articles 25 to 28 that the State shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion of their own choice, in brief, this is the concept of secularism as a basic feature of the Constitution of India and the way of life adopted by the people of India as their abiding faith and creed. M.C.Setalvad in Patel Memorial Lectures - 1985, on Secularism, referring to the Indian concept of secularism, stated thus: The ideal, therefore, of a secular State in the sense of a State which treats all religions alike and displays benevolent neutrality towards them is in a way more suited to the Indian environment and climate than that of a truly secular State.Secularism, in the Indian context, must be given the widest possible content. It should connote the eradication of all attitudes and practices derived from or connected with religion which impede our development and retard our growth into an integrated nation The concept of secularism is very much embedded in our constitutional philosophy.Secularism is thus more than a passive attitude of religious tolerance. Itis a positive of equal treatment of all religious. TheState has no religion. The State is bound to honour and to wield the scales even between all religions. It may not advance the cause of one religion to the detriment of another.Thus, only concerted and earnest endeavour, both by the State and citizen, towards secularisation lead to the stabilisation of our democratic state and the establishment of a true and cohesive Indian nationhood.Parliament can amend the constitution of India or any law without violating the Basic Structureof constitution of India. Basic Structure of the constitution of India consists of its essential features such as democracy, secularism, judicial review etc. The Parliament has decided to pass a constitutional amendment act to abolish the religions in India. Following the amendment, all the religion will be derecognized by the State and Central Government. Based on the authors arguments and given principle of law, decide the validity of the amendment?

The polity assured to the people of India by the Constitution is described in the Preamble wherein the word "secular" was added by the 42nd Amendment. It highlights the fundamental rights guaranteed in Articles 25 to 28 that the State shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion of their own choice, in brief, this is the concept of secularism as a basic feature of the Constitution of India and the way of life adopted by the people of India as their abiding faith and creed. M.C. Setalvad in Patel Memorial Lectures - 1985, on Secularism, referring to the Indian concept of secularism, stated thus:The ideal, therefore, of a secular State in the sense of a State which treats all religions alike and displays benevolent neutrality towards them is in a way more suited to the Indian environment and climate than that of a truly secular State. Secularism, in the Indian context, must be given the widest possible content. It should connote the eradication of all attitudes and practices derived from or connected with religion which impede our development and retard our growth into an integrated nation The concept of secularism is very much embedded in our constitutional philosophy.Secularism is thus more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions. The State has no religion. The State is bound to honour and to wield the scales even between all religions. It may not advance the cause of one religion to the detriment of another. Thus, only concerted and earnest endeavour, both by the State and citizen, towards secularisation lead to the stabilisation of our democratic state and the establishment of a true and cohesive Indian nationhood.Q. Parliament can amend the constitution of India or any law without violating the Basic Structureof constitution of India. Basic Structure of the constitution of India consists of its essential features such as democracy, secularism, judicial review etc.The Parliament has decided to pass a constitutional amendment act to abolish the religions in India.Following the amendment, all the religion will be derecognized by the State and Central Government.Based on the authors arguments and given principle of law, decide the validity of the amendment?

Direction: You have been given some passages followd by questions based on each passage. You are required to choose the mot appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.The polity assured to the people of India by the Constitution is described in the Preamble wherein the word "secular" was added by the 42nd Amendment. It highlights the fundamental rights guaranteed in Articles 25 to 28 that the State shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion of their own choice, in brief, this is the concept of secularism as a basic feature of the Constitution of India and the way of life adopted by the people of India as their abiding faith and creed. M.C.Setalvad in Patel Memorial Lectures - 1985, on Secularism, referring to the Indian concept of secularism, stated thus: The ideal, therefore, of a secular State in the sense of a State which treats all religions alike and displays benevolent neutrality towards them is in a way more suited to the Indian environment and climate than that of a truly secular State.Secularism, in the Indian context, must be given the widest possible content. It should connote the eradication of all attitudes and practices derived from or connected with religion which impede our development and retard our growth into an integrated nation The concept of secularism is very much embedded in our constitutional philosophy.Secularism is thus more than a passive attitude of religious tolerance. Itis a positive of equal treatment of all religious. TheState has no religion. The State is bound to honour and to wield the scales even between all religions. It may not advance the cause of one religion to the detriment of another.Thus, only concerted and earnest endeavour, both by the State and citizen, towards secularisation lead to the stabilisation of our democratic state and the establishment of a true and cohesive Indian nationhood.Parliament recentlypassed an amendment that would change the structure and character of the Constitution.This amendment seeks to tinker with the basic feature of secularism and it has created a sense of insecurity in the minds of minority. Based on the authors arguments and essence of the passage, would such an amendment be constitutionally permissible?

The polity assured to the people of India by the Constitution is described in the Preamble wherein the word "secular" was added by the 42nd Amendment. It highlights the fundamental rights guaranteed in Articles 25 to 28 that the State shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion of their own choice, in brief, this is the concept of secularism as a basic feature of the Constitution of India and the way of life adopted by the people of India as their abiding faith and creed. M.C. Setalvad in Patel Memorial Lectures - 1985, on Secularism, referring to the Indian concept of secularism, stated thus:The ideal, therefore, of a secular State in the sense of a State which treats all religions alike and displays benevolent neutrality towards them is in a way more suited to the Indian environment and climate than that of a truly secular State. Secularism, in the Indian context, must be given the widest possible content. It should connote the eradication of all attitudes and practices derived from or connected with religion which impede our development and retard our growth into an integrated nation The concept of secularism is very much embedded in our constitutional philosophy.Secularism is thus more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions. The State has no religion. The State is bound to honour and to wield the scales even between all religions. It may not advance the cause of one religion to the detriment of another. Thus, only concerted and earnest endeavour, both by the State and citizen, towards secularisation lead to the stabilisation of our democratic state and the establishment of a true and cohesive Indian nationhood.Q. Parliament recently passed an amendment that would change the structure and character of the Constitution. This amendment seeks to tinker with the basic feature of 'secularism' and it has created a sense of insecurity in the minds of minority. Based on the author's arguments and essence of the passage, would such an amendment be constitutionally permissible?

Constitutional changes allowing Vladimir Putin to run for President again in 2024 sailed through Russia’s lower house of Parliament on Wednesday, opening the way for him to potentially stay in power until 2036. Mr. Putin, a former KGB officer, is currently required by the Constitution to step down in 2024 when his second sequential and fourth presidential term ends. But the amendment would formally reset his presidential term tally to zero. The 450-seat State Duma, the lower house of Parliament, on Wednesday voted in favour of the change, along with other amendments to the Constitution, by 383 votes. Nobody voted against it, but 43 lawmakers abstained. Twenty-four lawmakers were absent. If, as Mr. Putin critics expect, the constitutional court now gives its blessing to the amendment and it is backed in a nationwide vote on April 22, Mr. Putin would have the option to run again for President in 2024. Kremlin critic and opposition politician Alexei Navalny has said he believes Mr. Putin will now try to become President for life. Two people staged lone pickets outside the State Duma on Wednesday.Q. Which is the most populous nation in Europe?

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Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer?
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Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.Which of the following statements is the most appropriate in relation to the legal principle stated above? Options:a)The proposed amendment is against the doctrine of basic structure.b)The proposed amendment is unconnected to the doctrine of basic structure.c)The proposed amendment can be reviewed and struck down by the Constitutional Courts.d)The proposed amendment is beyond the power of the Parliament.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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