A. The term 'basic structure' is not mentioned in the Indian Constitution.
B. It was propounded during the Kesavananda Bharati Case of 1973.
C. The Supreme Court has clearly defined the term ‘basic structure'.
D. The Supreme Court puts a limitation on the amending power of the Parliament.
Choose the correct option.
The question asks us to identify the correct statements regarding the doctrine of the basic structure of the Indian Constitution. Let's analyze each statement:
This statement is correct. The phrase 'basic structure' itself is not explicitly found within the text of the Indian Constitution. The doctrine was evolved and articulated by the Supreme Court of India through its judgments over time, particularly stemming from judicial interpretations of constitutional provisions related to amendment powers.
This statement is correct. The landmark judgment in the Kesavananda Bharati Sripadagalvaru & Ors vs State Of Kerala & Anr case in 1973 is widely recognized as the origin and cornerstone of the basic structure doctrine. The Supreme Court, in this case, ruled that while the Parliament has the power to amend the Constitution, this power is not absolute and does not extend to altering the 'basic structure' or fundamental features of the Constitution.
This statement is incorrect. While the Supreme Court has identified several elements that constitute the basic structure (such as the supremacy of the Constitution, secularism, republicanism, separation of powers, federalism, judicial review, etc.), it has refrained from providing an exhaustive or rigidly defined list. The exact contours of the 'basic structure' are flexible and determined on a case-by-case basis by the judiciary. Therefore, it cannot be said to be 'clearly defined' in a definitive manner.
This statement is correct. The very essence of the basic structure doctrine is to impose a limitation on the Parliament's amending power, which is primarily governed by Article 368 of the Constitution. According to this doctrine, Parliament can amend any part of the Constitution, including the Fundamental Rights, but it cannot amend or destroy the essential features or the basic framework that defines the Constitution's identity and character.
Based on the analysis, statements A, B, and D are correct, while statement C is incorrect.
Therefore, the option that includes only the correct statements (A, B, and D) is the right choice.
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