Q. With reference to various cases related to basic structure doctrine, consider the following statements:
1. The Keshvananda Bharti case upheld for the first time that the Parliament cannot take away any of the Fundamental Rights.
2. The Indira Gandhi vs. Raj Narain case held judicial review to be part of the Basic structure doctrine.
3. The Minerva Mills case upheld the balance between Fundamental Rights and Directive Principles as part of the Basic structure doctrine.
How many of the above given statements is/ are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect: In the Golak Nath case (1967), Supreme Court held that the Parliament cannot abridge or take away any of the Fundamental rights.
Statement 2 is correct: In Indira Gandhi v. Rajnarain case, 1975, the Supreme Court added rule of Law, Free and Fair Elections and Judicial Review to the list of Basic structure doctrine.
Statement 3 is correct: In Minerva Mills Case, 1980, the Supreme Court added limited power of government to amend Constitution, Judicial Review and Harmony and formed a balance between Fundamental Rights and Directive Principles to the list of Basic structure doctrine.
| Important Tips In Keshvananda Bharti case, Supreme Court identified the following features as part of the Basic structure: • Supremacy of the Constitution, • Republican and democratic form of government, • Secular character of the Constitution, • Separation of powers between the legislature, • executive and the judiciary, • Federal character of the Constitution, • The mandate to build a welfare state, • Unity and integrity of the nation, • Sovereignty of the country, • Freedoms secured to the citizens and Equality of status and the opportunity. |
