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Which of the following statement about the ‘Basic structure’ is incorrect?
The doctrine of basic structure was evolved by the Supreme Court in the Kesavananda Bharti Case 1973.
The doctrine ensures that there are certain ‘basic’ features of the constitution which are immune to Parliament’s amendment powers under article 368.
In order to avoid any confusion as to what constitutes the Basic structure, the Supreme Court has clearly defined the Basic structure.
Basic Structure doctrine has enhanced the spirit of constitutionalism.
Third statement is incorrect. The Supreme Court is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution. From the various judgments, the following have emerged as ‘basic features’ of the Constitution or elements / components / ingredients of the ‘basic structure’ of the constitution: 1. Supremacy of the Constitution 2. Sovereign, democratic and republican nature of the Indian polity 3. Secular character of the Constitution 4. Separation of powers between the legislature, the executive and the judiciary 5. Federal character of the Constitution 6. Unity and integrity of the nation 7. Welfare state (socio-economic justice) 8. Judicial review 9. Freedom and dignity of the individual 10. Parliamentary system 11. Rule of law 12. Harmony and balance between Fundamental Rights and Directive Principles 13. Principle of equality 14. Free and fair elections 15. Independence of Judiciary 16. Limited power of Parliament to amend the Constitution 17. Effective access to justice 18. Principles (or essence) underlying fundamental rights. 19. Powers of the Supreme Court under Articles 32, 136, 141 and 142 20. Powers of the High Court’s under Articles 226 and 227
The Basic Structure Doctrine evolved in the Kesavananda case ensures that Parliament while amending the constitution does not alter certain of its features which are fundamental to the Constitution like separation of powers, judicial independence etc.
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