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Supreme court in Kesavananda Bharati case (1973) laid down a new doctrine of the ‘basic structure’ (‘basic features’) of the Constitution. Consider the following statements about basic structure of constitution.
1. The Supreme Court in the Minerva Mills case (1980) defined what constitutes basic structure.
2. Welfare state is a component of basic structure.
Which of the above statements is/are correct?
1 only
2 only
Both
None
The Supreme Court is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution. From the various judgements, the following have emerged as ‘basic features’ of the Constitution or elements / components / ingredients of the ‘basic structure’ of the constitution: •Supremacy of the Constitution•Sovereign, democratic and republican nature of the Indian polity•Secular character of the Constitution•Separation of powers between the legislature, the executive and the judiciary•Federal character of the Constitution•Unity and integrity of the nation•Welfare state (socio-economic justice)•Judicial review•Freedom and dignity of the individual•Parliamentary system•Rule of law•Harmony and balance between Fundamental Rights and Directive Principles•Principle of equality•Free and fair elections•Independence of Judiciary•Limited power of Parliament to amend the Constitution•Effective access to justice•Principles (or essence) underlying fundamental rights.•Powers of the Supreme Court under Articles 32, 136, 141 and 142•Powers of the High Courts under Articles 226 and 227 Do you know? •In Indira Nehru Gandhi case (1975) (popularly known as the Election Case) supreme court declared that `Government of laws and not of men’ (i.e., Rule of Law) as basic structure of constitution. THINK! •I.R. Coelho Case (2007) (popularly known as IX Schedule Case).
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