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?
Explanation:
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.