Q. Consider the following statements regarding basic structure doctrine:
1.The term “basic structure” is explicitly mentioned in Article 368 of the Constitution.
2.According to the doctrine, Parliament cannot enact any law that alters the Preamble to the Constitution.
3.The doctrine imposes an implied limitation on the amending power of the Parliament under Article 368.
Which of the statements given above is/are correct?
Answer: C
Notes:
Explanation:
- The term “basic structure” is not explicitly mentioned anywhere in the Constitution, including Article 368. It is a judicial concept introduced by the Supreme Court in the Kesavananda Bharati case (1973).
- Parliament can amend the Preamble, as done in the 42nd Amendment (1976), which added the words “Socialist,” “Secular,” and “Integrity”. However, such amendments must not damage the basic structure of the Constitution.
- The doctrine limits Parliament’s power to amend the Constitution under Article 368 by prohibiting changes that destroy its basic features (e.g., democracy, rule of law, judicial review).
Source: D.D Basu
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