Assertion A: Once Rule of Law is acknowledged as a constitutional law superior to the express provision in Article 21, it is only one step further to assert that Rule of Law is a 'basic feature' of Indian Constitution, which is beyond the pale of the express provision in Article 368, which was provided for by the initial constituent body.
Reason R: It is not unimaginable to conceive that the enacted provisions of a written Constitution would be nullified by invoking some unwritten principle of law of higher ethical value as evident under the West German Constitution of 1949.
In the light of the above statements, choose the most appropriate answer from the options given below
Assertion A states that acknowledging the Rule of Law as constitutional law superior to Article 21 naturally leads to its classification as a 'basic feature' of the Indian Constitution, which is beyond the scope of amendments under Article 368. The 'basic structure doctrine', established by the Supreme Court, posits that certain fundamental aspects of the Constitution cannot be amended. The Rule of Law is considered a cornerstone of this doctrine. Thus, if it holds a position superior to specific articles like Article 21, it reinforces its status as a foundational element that Parliament cannot alter. This makes Assertion A logically consistent with constitutional principles.
Reason R proposes that written constitutional provisions can be nullified by invoking unwritten principles of higher ethical value, using the West German Constitution of 1949 as an example. Constitutions often operate within a framework of fundamental principles, some of which may be implicit or unwritten but carry significant weight. The West German Basic Law, for instance, placed immense importance on human dignity and fundamental rights, reflecting such a guiding philosophy. Therefore, Reason R presents a valid concept in constitutional law where overarching principles can shape or limit the interpretation and application of explicit textual provisions.
Reason R provides a relevant theoretical underpinning and an illustrative example that supports Assertion A. The concept presented in R—that unwritten principles of higher ethical value can influence or even override written constitutional text, as seen in the West German model—directly validates the progression of thought in A. It explains how a principle like the Rule of Law, once elevated in stature, can indeed be considered a fundamental aspect that is constitutionally protected from amendment, thus correctly explaining why Assertion A holds true.
Who among the following introduced the ‘Objective Resolution’ in the Constituent Assembly on 13 th December, 1946?
Which one of the following is included in Article 51A (Part-IV A) of the Constitution of India?