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Multiple Choice Questions

Consider the following statements with respect to lsquo basic structure rsquo and choose the correct...........

Indian Political System(MPPCS) Evolution and Features of Constitution

Consider the following statements with respect to ‘basic structure’ and choose the correct statements.

1. In the Kesavanandha Bharati case the Supreme Court ruled that the Constituent power of the Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the constitution.

2. However the Supreme Court in its review changed its earlier stand with respect to ‘basis structure’ and ruled that if the public opinion is against basis structure it can be altered.

Select the correct answer using the code given below:

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

The content of the Kesavananda Bharathi case is that the constituent power of the Parliament under Article 368 does not enable it to alter the basis structure of the constitution. Since power to amend the Constitution is not unlimited, if changes brought about by amendments destroy the identity of the Constitution, such amendments would be void.

Whether the basic structure test can be applied to ordinary laws or restricted only to constitutional amendments. In Kuldip Nayar v Union of India, the Supreme Court held that the doctrine should be strictly limited to constitutional amendments. The Centre took the stand that the doctrine is inapplicable to ordinary statutes.

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