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Q. With reference to “Basic Structure of the Indian Constitution”, consider the following statements.

Which of the above statements are correct?



A

1 and 2 only
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B

2 and 3 only
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C

1 and 3 only
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D

1, 2 and 3
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Solution

The correct option is D
2 and 3 only

Statement 1 is incorrect and Statement 3 is correct.

In the landmark Kesavananda Bharati case 1973), the Supreme Court upheld the validity of the 24th Amendment Act, 1971 and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights. At the same time, it laid down a new doctrine of 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.

It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution. This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘basic structure’ of the Constitution.

Statement 2 is correct.

From the various judgements, the following have emerged as the ‘basic structure’ of the constitution. 


Polity

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