Q. Which of the following provisions/features is/are consider as Basic Structure of the Indian Constitution?
1. Separation of powers between the legislature, the executive and the judiciary.
2. Unity and integrity of nation.
3. Freedom and dignity of individual.
Select the correct answer using the codes given below:
Answer: D
Notes:
The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting 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 judgments, the following have emerged as ‘basic features’ of the Constitution or elements / components / ingredients 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
Source: Laxmikanth
