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 case (1973)
- 3. the constraints on Article 368 of the Constitution of India
- 4. the judgment in Golaknath case (1967)
Select the correct answer given below.
1, 2 and 3 only
1, 2, 3 and 4
1 and 3 only
2 and 4 only
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CDS-2 – 2016
– This doctrine holds that the Parliament, under Article 368, can amend any part of the Constitution, including fundamental rights, but it cannot alter the ‘basic structure’ or essential features of the Constitution. This imposes constraints on the amending power under Article 368. (Point 3 is correct).
– The doctrine itself is enforced and interpreted by the judiciary through its power of judicial review. While judicial review wasn’t explicitly listed as part of the basic structure in the original judgment, it is considered an essential feature in subsequent judgments (like *Minerva Mills* case) as it is the means to uphold the basic structure. (Point 1 is correct).
– The *Golaknath vs State of Punjab* case (1967) ruled that Parliament could not amend fundamental rights, but it did not formulate the basic structure doctrine. The *Kesavananda Bharati* case modified the *Golaknath* ruling, stating that fundamental rights could be amended, but not the basic structure. (Point 4 is incorrect).