The Basic Structure doctrine places a limitation on the amending power of Parliament. While not explicitly defined, elements like fundamental rights (subject to reasonable restrictions), secularism, democracy, federalism, etc., have been included in the list of basic features by various Supreme Court judgments.
Under Article 368, the Parliament has no power to repeal Fundamental Rights because these are :
Asked in OPSC CS Prelims 2017 · Topic: Fundamental Rights (Amendment of Fundamental Rights and the Basic Structure Doctrine)
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Answer: D. Part of Basic Structure of the Constitution
More Indian Polity and Governance questions
- Which one of the following is NOT a fundamental right anymore ?
- The fundamental rights under Articles 12-35
- During which Prime Minister's tenure, Right to Property was deleted from the list of Fundamental Rights from Constitution of India ?
- Which of the following Amendments has made free and compulsory education for children between the ages of 6 to 14 years as a Fundamental Right?
- Which of the following Articles are exceptions to the Fundamental Rights enumerated in Articles 14 and 19?
- Article 15(5) was declared as the ‘basic structure’ of Indian Constitution in which of the following case by the Supreme Court ?
- Before being removed from the Fundamental Rights, the Right to Property was a part of which Article?
- 'Right to Property' is a/an