Legal Principle The doctrine of basic structure in Constitutional jurisprudence means that the Const...........

Constitutional Law Articles, Schedules and Amendment

Legal Principle: 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 theParliament. 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.

Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for theoffence 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.

Explanation:

The proposed amendment can be reviewed and struck down by the Constitutional Courts.
Constitutional Court:- A constitutional court is a high court that deals primarily with constitutional law.
That's why this propose of amendment struck for Judicial Review. Because Parliament have not Power to amend basic features of Constitution, it can only amend by Judicial Review means by Constitutional Court.