Q. Which of the following are included as basic structure of the Constitution through the various Supreme Court judgements?
1. Republic nature of the Indian polity.
2. Welfare state.
3. Freedom and dignity of the individual.
4. Sovereignty of Parliament.
5. Free and fair elections.
Select the correct answer using the code given below:

[A] 1, 3 and 5 only

[B] 1, 2, 3 and 5 only

[C] 1, 2 and 3 only

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

Answer: B
Notes:

Exp) Option b is the correct answer.

In the Kesavananda Bharati case (1973), the Supreme Court 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. However, the Supreme Court is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution.

From the various judgements, the following have emerged as ‘basic features’ of the Constitution or elements of the ‘basic structure’ of the constitution:

  • Supremacy of the Constitution
  • Sovereign, democratic and republican nature of the Indian polity
  • Secular character of the Constitution
  • Separation of powers between the legislature, the executive and the judiciary
  • Federal character of the Constitution
  • Unity and integrity of the nation
  • Welfare state (socio-economic justice)
  • Judicial review
  • Freedom and dignity of the individual
  • Parliamentary Democracy
  • Rule of law
  • Harmony and balance between Fundamental Rights and Directive Principles
  • Principle of equality of status and oppertunity of an individual
  • Free and fair elections
  • Independence of Judiciary
  • Limited power of Parliament to amend the Constitution (not sovereignty of the Parliament)
  • Effective access to justice.
  • Principles (or essence) underlying fundamental rights
  • Powers of the Supreme Court under Articles 32, 136, 141 and 142
  • Powers of the High Courts under Articles 226 and 227
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