Q. With reference to the evolution of the Basic Structure Doctrine in Indian constitutional law, consider the following statements:
1.The 24th Constitutional Amendment inserted the phrase “basic structure” in Article 368 to limit the amending power of Parliament.
2.The Supreme Court in the Kesavananda Bharati case upheld Parliament’s power to amend Fundamental Rights but restricted it by introducing the concept of Basic Structure.
3.The Waman Rao case was the first to apply the Basic Structure Doctrine retrospectively to amendments made before the Kesavananda Bharati judgment.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation:
- The 24th Amendment empowered Parliament to amend Fundamental Rights and clarified that such amendments are not “law” under Article 13, but it did not mention or insert the phrase “basic structure”.
- Kesavananda Bharati (1973) upheld Parliament’s power to amend even Fundamental Rights but introduced the Basic Structure Doctrine as a limitation.
- Waman Rao (1981) applied the Basic Structure Doctrine prospectively, i.e., only to constitutional amendments made after the Kesavananda judgment on April 24, 1973.
Source: Laxmikant (Polity)
