The Supreme Court, in the Kesavananda Bharati vs. State of Kerala case (1973), propounded the 'Basic Structure Doctrine', which limits the Parliament's amending power under Article 368. While Parliament can amend the Constitution, it cannot alter its basic structure, which includes Fundamental Rights.
Under Article 368, the Parliament has no power to repeal the Fundamental Rights because they are
Asked in APSC CCE Prelims Exam 2020 · Topic: Constitutional Amendments (Limitations on Amending Power: The 'Basic Structure Doctrine' (Genesis, evolution, and major cases like Kesavananda Bharati))
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Answer: A. integral part of basic structure of the Constitu‐ tion
More Indian Polity and Governance questions
- 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 :
- Consider the following statements : 1. The basic structure doctrine is defined in the Constitution. 2. There are certain basic features of the Constitution which cannot be altered in exercise of the power to amend under Article 368. 3. The Parliament can amend all provisions of the Constitution and judicial review shall not apply to such amendments. 4. The basic features of the Constitution have been listed by the Supreme Court exhaustively in the Golak Nath case law. Which of the above statement(s) is/are true in the context of the Basic Structure Doctrine ?
