Question

What is the correct answer regarding the "Basic Structure" principle of constitution is concerned?

• A. Suggested by Law Commission
• B. Recommended by Drafting Committee
• C. It's clearly defined by Supreme Court
• D. Gives wide scope on judicial review

Answer 1

Answer:

D. Gives wide scope on judicial review

The Basic Structure Doctrine

• The Basic Structure Doctrine is a judicial innovation by the Supreme Court of India, which asserts that the Parliament cannot amend the 'basic structure' or 'essential features' of the Indian Constitution, even under its constituent power under Article 368.
• It was formally introduced in the landmark judgment of Kesavananda Bharati v. State of Kerala (1973). In this case, a 13-judge bench overruled the earlier Golaknath case (1967), which had suggested that the Parliament had no power to amend Fundamental Rights.
• The doctrine limits the amending power of Parliament, ensuring that the foundational identity of the Constitution remains intact.

Key Elements and Evolution

• Minerva Mills v. Union of India (1980): The Supreme Court struck down clauses of the 42nd Amendment Act (1976) that sought to give Parliament unlimited power to amend the Constitution. The Court declared that the limited amending power itself is a basic feature.
• Waman Rao v. Union of India (1981): The Court clarified that the Basic Structure doctrine applies to constitutional amendments enacted after April 24, 1973 (the date of the Kesavananda Bharati judgment).
• Indira Gandhi v. Raj Narain (1975): The Court applied the doctrine to strike down a provision that protected the Prime Minister's election from judicial scrutiny, reinforcing the principles of Free and Fair Elections and Rule of Law as basic features.

Components of Basic Structure

While the Supreme Court has not provided an exhaustive list, the following have been recognized as part of the Basic Structure through various judgments:

1. Supremacy of the Constitution
2. Democratic and Republican nature of the polity
3. Secular character
4. Separation of powers between the Legislature, Executive, and Judiciary
5. Federal character
6. Sovereignty and Unity of India
7. Individual freedom and dignity (Fundamental Rights)
8. Judicial Review
9. Parliamentary system
10. Rule of Law