Q. Which of the following statements proves that the authority of Indian Constitution is higher than that of Parliament?

[A] The Constitution makers were more eminent leaders than the Members of Parliament.

[B] The Constitution of India was framed before the Parliament came into existence.

[C] Indian Constitution provides for powers and formation of the Parliament

[D] The Constitution gives the power to Parliament to alter its Basic Structure

Answer: C
Notes:

Exp) Option c is the correct answer.

The Constitution of India which was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950. The Constituent Assembly spent a lot of time on evolving the right balance among the various institutions like the executive, the legislature and the judiciary. The constitution specifies how parliament is to be formed and what its powers are. Thus, it is the source of authority for the parliament.

Option a is incorrect: It is not a valid reason to prove that the authority of Indian Constitution is higher than that of Parliament. We cannot say constitution makers were more eminent leaders than the Members of Parliament.

Option b is incorrect: Even though constitution was framed before the Parliament came into existence, it does not correctly explain as to why the authority of Indian constitution is higher than that of parliament.

Option d is incorrect: The basic structure doctrine was not in initially Indian constitution. Its aim was to put a limitation on the amending powers of Parliament so that the ‘basic structure of the basic law of the land’ cannot be amended in the exercise of its ‘constituent power’ under the Constitution.

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