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Basic Structure Doctrine of Indian Constitution Video Lecture | Indian Polity for UPSC CSE
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| 1. What is the Basic Structure Doctrine of the Indian Constitution? |  |
Ans. The Basic Structure Doctrine is a judicial principle established by the Supreme Court of India. It states that certain fundamental features of the Indian Constitution are beyond the amendment powers of the Parliament. These features include principles like democracy, secularism, federalism, the rule of law, judicial review, and protection of fundamental rights. Any amendment that violates these basic features would be declared unconstitutional by the court.
| 2. How was the Basic Structure Doctrine developed? | |
Ans. The Basic Structure Doctrine was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. The court held that there are certain inherent and unchangeable features of the Constitution that form its basic structure and cannot be altered by the Parliament through constitutional amendments. This doctrine was further strengthened in subsequent cases and has become an integral part of Indian constitutional jurisprudence.
| 3. What are the implications of the Basic Structure Doctrine? | |
Ans. The Basic Structure Doctrine has significant implications for the Indian Constitution. It ensures that the Parliament cannot alter the fundamental principles and values enshrined in the Constitution. It acts as a check on the legislative power and protects the essence of the Constitution from arbitrary changes. The doctrine upholds the supremacy of the Constitution and ensures that it remains a stable and enduring document.
| 4. Can the Parliament amend the Constitution despite the Basic Structure Doctrine? | |
Ans. Yes, the Parliament has the power to amend the Constitution under Article 368. However, the Basic Structure Doctrine imposes certain limitations on this power. The Parliament cannot amend the Constitution in a manner that violates the basic structure. If any amendment is found to be in conflict with the basic structure, the Supreme Court has the authority to strike it down as unconstitutional.
| 5. What are some examples of amendments that have been challenged under the Basic Structure Doctrine? | |
Ans. Several constitutional amendments have been challenged under the Basic Structure Doctrine. One prominent example is the 39th Amendment, which sought to curtail the power of the judiciary. The Supreme Court declared it unconstitutional as it violated the independence of the judiciary, a part of the basic structure. Similarly, the 42nd Amendment, which expanded the power of the executive, was also struck down by the court as it infringed upon the basic structure principles of federalism and separation of powers.
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Nov 17, 2024 Last updated |
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