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Question

Identify the correct statements about the theory of basic structure.

Correct the incorrect statements.

a. Constitution specifies the basic tenets.

b. Legislature can amend all parts of the Constitution except the basic structure.

c. Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.

d. This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.

e. This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.

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Solution

a. Incorrect. The Constitution does not specify the basic tenets as it does not mention anywhere about the basic structure. This theory is given by the judiciary of India that looks into the spirit rather than the letter.

b. Correct

c. Incorrect. The judiciary has not explicitly defined the basic structure of the Indian Constitution. However, it has given various interpretations from time to time in its judgments.

d. Correct

e. Correct


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