Basic Structure
The Basic Structure Doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Key among these “basic features”, are the Fundamental Rights granted to individuals by the constitution. The doctrine thus forms the basis of a limited power of the Indian Supreme Court to review and strike down constitutional amendments enacted by the parliament which conflict with or seek to alter this “basic structure” of the constitution.
In 1965, The “basic features” principle was first expounded by Justice J.R. Mudholkar in his dissent in the case of Sajjan Singh v. State of Rajasthan.
In 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna’s judgment in the landmark decision of Kesavananda Bharati v. State of Kerala. Previously, The Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic Elements or fundamental features of the constitution.
In 1975, Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian Democracy.
In 1980, The Constitution (Forty-Second Amendment) Act had been enacted by the government of Indira Gandhi in response to the Kesavananda judgment in an effort to reduce the power of the Judicial Review of constitutional amendments by the Supreme Court. In the Minerva Mills case, Nani Palkhivala successfully moved the Supreme Court to declare sections 4 & 55 of the 42nd amendment as unconstitutional. Chief Justice Yeshwant Vishnu Chandrachud explained in the Minerva Mills judgment that since the power of Parliament to amend the constitution was limited, as had been previously held through the basic structure doctrine in the Kesavananda case, the parliament could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). In addition, the court also ruled that the parliament’s “power to amend is not a power to destroy”.
The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must itself be in conformity with the constitution.
In Kesavananda there were differing opinions even among the majority for what the “basic structure” of the constitution comprised.
Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:
- The Supremacy of the Constitution.
- A republican and democratic form of government.
- The secular character of the Constitution.
- Maintenance of the Separation of Powers.
- The federal character of the Constitution.
Justices Shelat and Grover in their opinion added three features to the Chief Justice’s list:
- The mandate to build a welfare state contained in the Directive Principles of State Policy.
- Maintenance of the unity and Integrity of India.
- The Sovereignty of the country.
Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:
- The sovereignty of India.
- The democratic character of the Polity.
- The unity of the country.
- Essential features of individual freedoms.
- The mandate to build a welfare state.
Justice Jaganmohan Reddy preferred to look at The Preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:
- A sovereign democratic republic.
- The provision of social, economic and political justice.
- Liberty of thought, expression, belief, faith and worship.
- Equality of status and opportunity.
The interpretation of the basic structure has since evolved in numerous other court rulings since the Kesavananda judgment.,
The Indian Constitution is the supreme law of India. It was adopted on 26 November 1949, and came into effect on 26 January 1950. The Constitution provides for a parliamentary System of Government, with a President as the head of state and a Prime Minister as the head of government. The Constitution also guarantees certain fundamental rights to all citizens, including the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
The Directive Principles of State Policy are a set of principles that are intended to guide the state in its policy-making. These principles are not enforceable in a court of law, but they are nevertheless fundamental to the governance of the country. The Directive Principles include principles such as securing justice, social, economic and political, for all citizens; securing adequate means of livelihood for all citizens; and promoting educational and economic interests of the weaker sections of the people.
The Fundamental Duties are a set of obligations that are imposed on all citizens of India. These duties are intended to promote a sense of social responsibility and to strengthen the unity and integrity of the nation. The Fundamental Duties include duties such as to abide by the Constitution and respect its ideals and institutions; to uphold the sovereignty and integrity of India; to defend the country and render national service when called upon to do so; to promote harmony and the spirit of common brotherhood amongst all people of India; to preserve the rich heritage of our composite culture; and to protect and improve the natural Environment.
Citizenship-2/”>Citizenship is the status of being a citizen of a particular country. It is a legal status that confers certain rights and privileges on the individual. In India, citizenship is governed by the CITIZENSHIP ACT, 1955. The Act provides for three ways of acquiring citizenship: by birth, by descent, and by naturalization.
The Emergency Provisions are a set of provisions in the Constitution that allow the government to take extraordinary measures in times of grave emergency. These provisions were included in the Constitution to enable the government to deal with threats to the security of the country or to the life of the nation. The Emergency Provisions have been invoked only a few times since the Constitution came into force.
The Union Government is the central government of India. It is responsible for the governance of the country as a whole. The Union Government is headed by the President, who is the head of state. The Prime Minister is the head of government. The Union Government is also composed of a Council of Ministers, which is headed by the Prime Minister.
The State Government is the government of a state in India. It is responsible for the governance of the state. The State Government is headed by the Governor, who is the head of state. The Chief Minister is the head of government. The State Government is also composed of a Council of Ministers, which is headed by the Chief Minister.
The Local Government is the government of a local area in India. It is responsible for the governance of the local area. The Local Government is headed by the Mayor, who is the head of the local body. The Local Government is also composed of a Council, which is headed by the Mayor.
The Judiciary is the system of courts in India. It is responsible for interpreting the Constitution and for settling disputes between the government and the people. The Judiciary is headed by the Supreme Court, which is the highest court in the country. The Supreme Court is composed of a Chief Justice and a number of other judges.
The Public Service Commission is an independent body that is responsible for conducting examinations for recruitment to the civil Services. The Public Service Commission is also responsible for ensuring that the civil services are free from political interference.
The Election Commission is an independent body that is responsible for conducting Elections to the Parliament and the state legislatures. The Election Commission is also responsible for ensuring that the elections are free and fair.
The Finance Commission is an independent body that is responsible for recommending to the government the principles on which the financial relations between the Union and the states should be based. The Finance Commission is also responsible for recommending to the government the distribution of the net proceeds of taxes between the Union and the states.
The Planning Commission was an independent body that was responsible for formulating and implementing the Five Year Plans. The Planning Commission was abolished in 2014.
Statutory Bodies are bodies that are established by law. They are responsible for carrying out certain functions that are specified in the law that establishes them. Statutory Bodies are independent of the government and are not subject to its control.
Special Provisions for Certain Areas are provisions in the Constitution that apply to certain areas of the country. These provisions are intended to address the special needs of these areas. Special Provisions for Certain Areas include provisions for the administration of tribal areas, provisions for the administration of Jammu and Kashmir, and provisions for the administration of the Andaman and Nicobar Islands.
1. What is the Basic Structure of the RAS RTS Mains and Ras RTS Prelims Examination?
The RAS RTS Mains and Ras RTS Prelims Examination is a two-stage examination conducted by the Rajasthan Public Service Commission (RPSC) for the recruitment of Assistant Administrative Officers (AAOs) in the Rajasthan State Government. The first stage of the examination is the Prelims Examination, which is a qualifying examination. The second stage of the examination is the Mains Examination, which is a competitive examination.
2. What are the topics covered in the RAS RTS Mains and Ras RTS Prelims Examination?
The topics covered in the RAS RTS Mains and Ras RTS Prelims Examination are as follows:
- General Studies: This paper will cover topics such as Indian Polity, Indian economy, General Science, Current Affairs, and History of India.
- English: This paper will cover topics such as Grammar, Vocabulary, Comprehension, and Writing.
- Mathematics: This paper will cover topics such as Algebra, Geometry, Trigonometry, and Statistics.
- Reasoning: This paper will cover topics such as Logical Reasoning, Analytical Reasoning, and Verbal Reasoning.
- Computer Science: This paper will cover topics such as Programming, Data Structures, and Algorithms.
3. What are the syllabus and pattern of the RAS RTS Mains and Ras RTS Prelims Examination?
The syllabus and pattern of the RAS RTS Mains and Ras RTS Prelims Examination are as follows:
- RAS RTS Prelims Examination: The RAS RTS Prelims Examination is a two-hour examination consisting of two papers, each of 100 marks. The first paper is General Studies, and the second paper is English.
- RAS RTS Mains Examination: The RAS RTS Mains Examination is a four-day examination consisting of nine papers, each of 200 marks. The papers are as follows:
- General Studies I
- General Studies II
- General Studies III
- General Studies IV
- English
- Mathematics
- Reasoning
- Computer Science
- Optional Subject
4. What are the eligibility criteria for the RAS RTS Mains and Ras RTS Prelims Examination?
The eligibility criteria for the RAS RTS Mains and Ras RTS Prelims Examination are as follows:
- Age: The minimum age for the RAS RTS Mains and Ras RTS Prelims Examination is 21 years, and the maximum age is 40 years.
- Educational Qualification: The minimum educational qualification for the RAS RTS Mains and Ras RTS Prelims Examination is a Bachelor’s degree from a recognized university.
- Relaxation in Age: There is a relaxation of five years in the upper age limit for candidates belonging to the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). There is also a relaxation of three years in the upper age limit for candidates who are physically challenged.
5. How to prepare for the RAS RTS Mains and Ras RTS Prelims Examination?
The following are some tips on how to prepare for the RAS RTS Mains and Ras RTS Prelims Examination:
- Start preparing early. The RAS RTS Mains and Ras RTS Prelims Examination is a competitive examination, and it is important to start preparing early. This will give you enough time to cover the syllabus and practice for the examination.
- Make a study plan. A study plan will help you stay on track and make the most of your time. It is important to create a study plan that is realistic and achievable.
- Revise regularly. It is important to revise regularly to ensure that you remember the material. You should revise the material at least once a week.
- Practice for the examination. The best way to prepare for the RAS RTS Mains and Ras RTS Prelims Examination is to practice for the examination. You can practice by taking mock tests and solving previous year’s papers.
- Stay calm and confident. The RAS RTS Mains and Ras RTS Prelims Examination is a challenging examination, but it is important to stay calm and confident. If you are well-prepared, you will be able to perform well in the examination.
Question 1
Which of the following is not a part of the Basic structure of the Indian Constitution?
(A) The Preamble
(B) Fundamental Rights
(C) Directive Principles of State Policy
(D) Fundamental Duties
Answer
(D)
Question 2
Which of the following is not a fundamental right guaranteed by the Indian Constitution?
(A) Right to equality
(B) Right to freedom
(C) Right against exploitation
(D) Right to Property
Answer
(D)
Question 3
Which of the following is not a directive principle of state policy?
(A) To secure justice, social, economic and political, to all citizens, within the limits of the Resources of the country
(B) To promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life
(C) To provide for free and compulsory Education for all children until they complete the age of fourteen years
(D) To strive towards international peace and security and to maintain just and honourable relations between nations
Answer
(C)
Question 4
Which of the following is not a fundamental duty?
(A) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
(B) To cherish and follow the noble ideals which inspired our national struggle for freedom
(C) To uphold and protect the sovereignty, unity and integrity of India
(D) To defend the country and render national service when called upon to do so
Answer
(A)
Question 5
The President of India is elected by an electoral college consisting of
(A) Members of both Houses of Parliament
(B) Members of the Legislative Assemblies of the States
(C) Members of both Houses of Parliament and the Legislative Assemblies of the States
(D) Members of both Houses of Parliament and the Legislative Councils of the States
Answer
(C)
Question 6
The Prime Minister of India is appointed by
(A) The President of India
(B) The Vice President of India
(C) The Speaker of the Lok Sabha
(D) The Chief Justice of India
Answer
(A)
Question 7
The Council of Ministers is collectively responsible to
(A) The President of India
(B) The Parliament of India
(C) The Lok Sabha
(D) The Rajya Sabha
Answer
(B)
Question 8
The Supreme Court of India consists of
(A) The Chief Justice of India and not more than 25 other judges
(B) The Chief Justice of India and not more than 30 other judges
(C) The Chief Justice of India and not more than 35 other judges
(D) The Chief Justice of India and not more than 40 other judges
Answer
(A)
Question 9
The High Court of a State consists of
(A) The Chief Justice of the State and not more than 10 other judges
(B) The Chief Justice of the State and not more than 15 other judges
(C) The Chief Justice of the State and not more than 20 other judges
(D) The Chief Justice of the State and not more than 25 other judges
Answer
(A)
Question 10
The Union Judiciary is headed by the
(A) Supreme Court of India
(B) High Court of Delhi
(C) High Court of Mumbai
(D) High Court of Chennai
Answer
(A)