Parliament proposes an amendment to limit the power of appeal against conviction for the offence of ...........

Legal Reasoning Others

Article20. Protection in respect of conviction for offences

1-No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence

2-No person shall be prosecuted and punished for the same offence more than once

3- No person accused of any offence shall be compelled to be a witness against himself.

The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.

A violation of a legal right of someone, whether results in a legal injury or not, gives rise to an action in tort for compensation. At the same time, an action by someone, which results in some loss or damage to somebody else is not actionable, if there is no violation of a right of that somebody.

Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India. Which of the following statements is the most appropriate in relation to the legal principle stated above?

The proposed amendment is against the doctrine of basic structure.

The proposed amendment is unconnected to the doctrine of basic structure.

The proposed amendment can be reviewed and struck down by the Constitutional Courts.

The proposed amendment is beyond the power of the Parliament.