The Basic Structure Doctrine was propounded by the Supreme Court of India in the landmark Kesavananda Bharati vs State of Kerala case (1973). The Court held that Parliament's power to amend the Constitution under Article 368 is not unlimited and cannot be used to alter, amend, or repeal the 'basic structure' or essential features of the Constitution. The Preamble, embodying core ideals like justice, liberty, equality, fraternity, sovereignty, socialist, secular, and democratic republic, is often considered to contain some elements of the basic structure, though the basic structure itself is a judicial concept that has evolved over time through various judgments.
The Objectives specified in the Preamble contain the basic structure of our Constitution. In this regard choose the correct answer :
Asked in APSC CCE Prelims Exam 2018 · Topic: Constitutional Amendments (Limitations on Amending Power: The 'Basic Structure Doctrine' (Genesis, evolution, and major cases like Kesavananda Bharati))
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Answer: B. Basic structure means that which cannot be amended in exercise of the power under Article 368 of the Constitution.
More Indian Polity and Governance questions
- Under Article 368, the Parliament has no power to repeal the Fundamental Rights because they are
- Which among the following statements about the power to change the basic structure of the Constitution of India is/are correct? 1. It falls outside the scope of the amending powers of the Parliament. 2. It can be exercised by the people through representatives in a Constituent Assembly. 3. It falls within the constituent powers of the Parliament. Select the correct answer using the code given below.
- The basic structure doctrine with regard to the Constitution of India relates to 1. the power of judicial review 2. the judgment in Kesavananda Bharati 3. the constraints on Article 368 of the Constitution of India Select the correct answer given below.
- Which among the following Supreme Court Judgements established the principle that the 'basic structure' of the Constitution of India was unamendable?
- Which of the following statement(s) is(are) correct? 1. The Constitution amending power embodied in Article 368 is subject to the doctrine of 'Basic structure' propounded by the Supreme Court in Kesavananda Bharati V. State of Kerala. 2. For Constitution amendment prior permission of the President of India is required. 3. The Constitution amendment Bill should initiate in Lok Sabha.
- Which of the following elements come under basic structure of the Indian Constitution as declared by the Supreme Court? 1. Federalism 2. Social Justice 3. Effective Access to justice 4. Freedom and Dignity of the individual
- In which case did The Supreme Court give the doctrine of 'Basic Structure' of the constitution ?
- Given below are two statements : Statement I : ‘The doctrine of basic structure’ has been propounded by the Supreme Court in the Kesavananda Bharati case in 1973. Statement II : The Indian Parliament has the power to amend the whole Constitution. In the light of the above statements, choose the correct answer from the options given below :