Q. Consider the following:
1.Mandate to build a welfare state
2.Rule of law
3.Principle of equality
4.Powers of the High Courts under Articles 226 and 227
5.Harmony and balance between fundamental rights and directive principles
Which of the above are not elements of the Basic Structure as declared by the Supreme Court?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1, 2 and 4 only

[B] 2, 4 and 5 only

[C] 1, 3 and 4 only

[D] 1, 2, 3, 4 and 5

Answer: D
Notes:

Explanation:

  • The mandate to build a welfare state has been declared as an element of the Basic Structure by the Supreme Court in the Kesavananda Bharati case (1973) (popularly known as the Fundamental Rights Case).
  • Rule of law was declared as an element of the Basic Structure by the Supreme Court in the P. Sampath Kumar Case10 (1987), P. Sambamurthy Case11 (1987), Indra Sawhney Case(1992) (popularly known as the Mandal Case) and I.R. Coelho Case23 (2007) (popularly known as IX Schedule Case).
  • The principle of equality was declared as an element of the Basic Structure by the Supreme Court in the Raghunath Rao Case16 (1993) and Indra Sawhney II Case (2000).
  • The powers of the High Courts under Articles 226 and 227 were declared as an element of the Basic Structure by the Supreme Court in the Madras Bar Association Case26 (2014).
  • Harmony and balance between fundamental rights and directive principles was declared as an element of the Basic Structure by the Supreme Court in the Minerva Mills case (1980).

Source: Laxmikant


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