Which of the following are a part of the ‘basic features’ of the Constitution of India as drawn from various decisions of the Supreme Court? 1. Effective access to justice 2. Rule of Law 3. Limitations upon the amending power under Article 368 Select the correct answer using the code given below.
1, 2 and 3
The Supreme Court has, through a series of decisions beginning with Kesavananda Bharati v. State of Kerala (1973), identified certain elements of the Constitution as part of its unamendable 'basic structure'.
Effective access to justice was recognised as a basic feature in later rulings, since without it the fundamental and other rights guaranteed by the Constitution would become meaningless in practice.
Rule of Law was declared a basic feature in Indira Nehru Gandhi v. Raj Narain (1975), where a constitutional amendment placing the Prime Minister's election beyond judicial scrutiny was struck down for violating this principle.
The limitations placed upon Parliament's amending power under Article 368 were themselves held to be part of the basic structure in Minerva Mills v. Union of India (1980), which struck down clauses attempting to give Parliament unlimited amending power and to remove judicial review of amendments.
Since all three items — effective access to justice, rule of law, and limitations upon the amending power under Article 368 — have been recognised by the Supreme Court as basic features, the correct code is 1, 2 and 3.
Important Questions from Salient Features of the Constitution
- Identify the incorrect pair of Principle implied in Fundamental Rights and its related Article of the Constitution of India :
- The Concept of welfare state in Indian Constitution is included in _________.
- Which Schedule of the Indian Constitution was added by the 1st Constitutional Amendment Act of 1951?
- Which among the following Constitutions became the source for the feature of "Federation with Strong Centre" in Indian Constitution?
Consider the following statements :
1. In order to form a new state in the Indian Union, the Parliament can amend the provisions of the Constitution with a Simple Majority.
2. To amend the provisions of Directive Principles of State Policy, the Parliament requires a Special Majority.
3. To amend Article 368 of the Constitution, the Parliament requires Special Majority along with the consent of half of the state legislatures.
How many of the statements given above are correct?
