Political Science · Political Institutions in India
UGC NET November 2017 Political Science
Which of the following cases reflect on the elements of the basic structure of the Indian Constitution? Choose the correct answer from the codes given below.
- I. Indira Nehru Gandhi v/s Raj Narain
- II. Kesavananda Bharati v/s State of Kerala
- III. SP Gupta v/s Union of India
- IV. Minerva Mills v/s Union of India
AI, II and IV
BI, II, III and IV ✓ Correct
CIII, IV and II
DI, II and III
Correct answer: (B) I, II, III and IV — All four cases contributed to the elements of the basic structure, so the answer is I, II, III and IV.
Explanation
★All four cases contributed to the elements of the basic structure, so the answer is I, II, III and IV.
★Kesavananda Bharati v. State of Kerala (1973) originated the basic structure doctrine, holding that Parliament cannot alter the essential features of the Constitution.
★Indira Nehru Gandhi v. Raj Narain (1975) added free and fair elections to the basic structure while striking down the election clause of the 39th Amendment.
★Minerva Mills v. Union of India (1980) held judicial review and the balance between Fundamental Rights and Directive Principles to be part of the basic structure.
★S.P. Gupta v. Union of India (1981), the First Judges case, reinforced the independence of the judiciary, itself a basic feature, and widened public interest litigation.
★The basic structure doctrine limits the amending power under Article 368 without making the Constitution unamendable.
★Other recognised elements include supremacy of the Constitution, secularism, federalism, the rule of law and the separation of powers.
★The doctrine was reaffirmed in Waman Rao (1981), S.R. Bommai (1994) and the NJAC judgment (2015).
★For NET, anchor the doctrine to Kesavananda Bharati (1973) and recall the case-by-case additions, especially free and fair elections (1975) and the FR-DPSP balance (1980).
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