Political Science · Political Institutions in India
UGC NET August 2024 Political Science
'Basic Structure' is outcome of:
AOriginal Constitution of India
BConstitutional Amendment
CExecutive Order
DJudicial Interpretation ✓ Correct
Correct answer: (D) Judicial Interpretation — The basic structure doctrine is the outcome of judicial interpretation, so judicial interpretation is correct.
Explanation
★The basic structure doctrine is the outcome of judicial interpretation, so judicial interpretation is correct.
★The doctrine was evolved by the Supreme Court in the Kesavananda Bharati case (1973) and was not written into the original Constitution.
★It holds that Parliament can amend any part of the Constitution under Article 368 but cannot destroy its basic structure or essential features.
★The phrase basic structure does not appear anywhere in the text of the Constitution.
★Elements identified by the courts include the supremacy of the Constitution, secularism, federalism, judicial review and free and fair elections.
★The doctrine was a response to amendments such as the 24th and 25th that sought to give Parliament unlimited amending power.
★It was reaffirmed in Indira Nehru Gandhi v. Raj Narain (1975), Minerva Mills (1980) and S.R. Bommai (1994).
★For NET, remember that the basic structure doctrine is judge-made law originating in the Kesavananda Bharati case (1973).
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