Multiple Choice Questions on With reference to Basic Structure Doctrine evolved by the Supreme Court consider the following state........... for UPPCS Exam Preparation

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Multiple Choice Questions

With reference to Basic Structure Doctrine evolved by the Supreme Court consider the following state...........

Indian Governance and Polity(UPPCS) Evolution and Features of Constitution
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    With reference to Basic Structure Doctrine evolved by the Supreme Court, consider the following statements

    1. The doctrine was first propounded in the landmark case of Kesavananda Bharati v. State of Kerala (1973).
    2. According to the doctrine, certain features of the Constitution cannot be amended by the Parliament.
    3. The doctrine includes the principles of democracy, secularism, federalism, and the rule of law as part of the basic structure.
    4. Preamble to the Constitution is not a part of Basic Structure.

    Select the correct statement.

     

    1,2&4 only

    Incorrect Answer

    1&3 only

    Incorrect Answer

    1,2&3 only

    Correct Answer

    All of the above

    Incorrect Answer
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    Explanation:

    Only statements 1,2&3 are correct.

    • While discussing the Powers of Parliament to amend the Constitution, the Supreme Court in Keshavananda Bharti vs State of Kerala (1973) case held that the Parliament has the power to amend any part of the Constitution to the extent it doesn’t violate the very Basic Structure of the Constitution.

    • The court didn’t specify what exactly constitutes the Basic Structure, but it kept on evolving the idea on case-to-case basis and kept on adding new provisions to the doctrine. Through various judgements it held provisions like Judicial review, Secularism, Democracy, Rule of Law, federalism etc are the part of the Basic structure.

    • In Keshavananda Bharti case Preamble was declared as a part of the constitution and In SR Bommai vs Union of India case it held that Preamble indicates the Basic Structure of the Constitution.

    Hence option 3rd is correct.

    By: Shubham Tiwari
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