Question

Which of the following are part of the ‘basic structure’ doctrine:

1. Free and fair elections

2. Parliamentary form of government

3. Judicial review

4. Power of parliament to amend the constitution.

Code:

• A. Only 1 & 2
• B. Only 1, 2 & 3
• C. Only 1, 3 & 4
• D. All of the above

Answer 1

The correct option is B

Only 1, 2 & 3

The Basic Structure doctrine was propounded by the SC in a landmark Keshavananda Bharati case. Although the court did not elaborate the doctrine but ever since it has been expanded by various judicial decisions.

Some of the features of the Constitution termed as "basic" are listed below:

1. Supremacy of the Constitution
2. Rule of law
3. The principle of Separation of Powers
4. The objectives specified in the Preamble to the Constitution
5. Judicial Review
6. Articles 32 and 226
7. Federalism
8. Secularism
9. The Sovereign, Democratic, Republican structure
10. Freedom and dignity of the individual
11. Unity and integrity of the Nation
12. The principle of equality, not every feature of equality, but the quintessence of equal justice;
13. The "essence" of other Fundamental Rights in Part III
14. The concept of social and economic justice — to build a Welfare State: Part IV in toto
15. The balance between Fundamental Rights and Directive Principles
16. The Parliamentary system of government
17. The principle of free and fair elections
18. Limitations upon the amending power conferred by Article 368
19. Independence of the Judiciary
20. Effective access to justice
21. Powers of the Supreme Court under Articles 32, 136, 141, 142
22. Legislation seeking to nullify the awards made in exercise of the judicial power of the State by Arbitration Tribunals constituted under an Act