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From various judgments of the Supreme Court, which of the following have emerged as component(s) of the ‘basic structure’ of the constitution?
1. Judicial review
2. Parliamentary system
3. Principle of reasonableness
Select the correct answer using the code given below:
1 only
2 only
1 and 2 only
1, 2 and 3
In the Kesavananda Bharati case (1973), Parliament laid down a new doctrine of the ‘basic structure’ (or basic features’) of the Constitution. It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution. This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘basic structure’ of the Constitution. The Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the basic structure of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the basic structure of the Constitution. From the various judgments, the following have emerged as ‘basic features’ of the Constitution or elements / components / ingredients of the ‘basic structure’ of the constitution:
Parliamentary system
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