Which of the following statements is correct in the context of constitutional interpretation and judicial doctrine?
Show answer & explanation
Correct answer: C
Explanation
Answer: The "basic structure" doctrine was brought into existence by the Supreme Court to protect the fundamental features of the Constitution
Explanation: The correct statement relates to the judicially evolved doctrine of basic structure. The Kesavananda Bharati v. State of Kerala (1973) established the Basic Structure Doctrine, holding that while Parliament can amend the Constitution under Article 368, it cannot alter or destroy its basic structure.
Thus, the doctrine was created by the Supreme Court to preserve essential constitutional principles such as democracy, rule of law, federalism, and judicial independence.
Additional Key Points:
The doctrine ensures a balance between parliamentary sovereignty and constitutional supremacy.
It acts as a judicial safeguard against authoritarian amendments.
Key elements of basic structure include:
Supremacy of the Constitution
Separation of powers
Judicial review
Federalism
It is not exhaustively defined and evolves through judicial interpretation.
Potential Exam-Oriented Questions & Answers:
Question: In which case was the Basic Structure Doctrine established?
Answer: Kesavananda Bharati case (1973)
Question: Which Article gives Parliament power to amend the Constitution?
Answer: Article 368