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.
1 and 3
1 and 2
1 only
2 and 3
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CDS-1 – 2019
Statement 3 is incorrect. The Supreme Court explicitly ruled that altering the basic structure does *not* fall within the constituent powers of the Parliament under Article 368. Parliament’s constituent power is limited and cannot be used to destroy or alter the basic structure.
Statement 2 is correct in a theoretical sense. The ultimate constituent power to frame or fundamentally alter a constitution (including its basic structure) is generally understood to reside with the sovereign people, which could potentially be exercised through representatives in a specially constituted body like a Constituent Assembly, distinct from the existing amending process under Article 368. While the current constitution does not provide this mechanism, it is the theoretical means by which such fundamental change might occur if the basic structure were ever to be revisited outside the scope of Article 368.