Podcast
Questions and Answers
In which case was the Basic Structure Doctrine established?
In which case was the Basic Structure Doctrine established?
- Kesavananda Bharati Case (correct)
- I.R. Coelho Case
- Minerva Mills Case
- Waman Rao Case
What does the Basic Structure Doctrine primarily concern?
What does the Basic Structure Doctrine primarily concern?
- The process of electing the Prime Minister
- The division of powers between state and local governments
- The power of the President to veto legislation
- The Parliament's ability to amend the Constitution without altering its core principles (correct)
Which of the following is considered an element of the Basic Structure?
Which of the following is considered an element of the Basic Structure?
- Supremacy of the Constitution (correct)
- Supremacy of Parliament
- Presidential power to dissolve Parliament
- The right to bear arms
Which case added 'Rule of Law' to the elements of the Basic Structure?
Which case added 'Rule of Law' to the elements of the Basic Structure?
Which of these is a key aspect of India's nature, as protected by the Basic Structure?
Which of these is a key aspect of India's nature, as protected by the Basic Structure?
What does the Basic Structure include regarding the judiciary?
What does the Basic Structure include regarding the judiciary?
Which fundamental right is specifically mentioned as part of the Basic Structure?
Which fundamental right is specifically mentioned as part of the Basic Structure?
According to the Basic Structure doctrine, what power does Parliament have under Article 368?
According to the Basic Structure doctrine, what power does Parliament have under Article 368?
What is the role of the Supreme Court and High Courts under Articles 32 and 226, as it relates to the Basic Structure?
What is the role of the Supreme Court and High Courts under Articles 32 and 226, as it relates to the Basic Structure?
Which case clarified that laws in the Ninth Schedule can be reviewed if they violate the Basic Structure?
Which case clarified that laws in the Ninth Schedule can be reviewed if they violate the Basic Structure?
Flashcards
Basic Structure Doctrine
Basic Structure Doctrine
Parliament can amend the Constitution but cannot alter its fundamental principles.
Supremacy of the Constitution
Supremacy of the Constitution
The Constitution is the supreme law of the land.
Sovereign, Democratic, and Republic Nature
Sovereign, Democratic, and Republic Nature
India is a nation ruled by the people, for the people.
Secularism
Secularism
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Separation of Powers
Separation of Powers
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Federal Character
Federal Character
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Unity and Integrity
Unity and Integrity
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Free and Fair Elections
Free and Fair Elections
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Judicial Review
Judicial Review
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Welfare State
Welfare State
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Study Notes
- The Basic Structure Doctrine, established in the Kesavananda Bharati case (1973), allows Parliament to amend the Constitution but not to alter its basic structure.
- The Supreme Court has not provided a fixed list of elements included in the Basic Structure.
Core Constitutional Principles
- Supremacy of the Constitution is a core principle.
- India's sovereign, democratic, and republic nature are core tenets.
- Secularism is part of the Basic Structure.
- Separation of powers between the Executive, Legislature, and Judiciary is a key element.
- The federal character of the Constitution is included.
- The unity and integrity of the nation is vital.
- Free and fair elections are essential.
- Judicial review is a component of the Basic Structure.
- The concept of a Welfare State, including social and economic justice, is recognized.
- Independence of the Judiciary is a key tenet.
Fundamental Rights and Democratic Values
- Rule of Law is part of the Basic Structure.
- A Parliamentary system of government is included.
- Fundamental Rights, especially Articles 14, 19, and 21, are protected.
- Directive Principles of State Policy (DPSPs) for Socio-Economic Justice also form part of the structure.
- Balance between Fundamental Rights and DPSPs is safeguarded.
- Power of Judicial Review to check unconstitutional actions is important.
- Freedom and Dignity of the Individual are essential.
- Effective Power of the Supreme Court under Article 32 & High Courts under Article 226 are included.
- Limited Power of Parliament to Amend the Constitution under Article 368 is a factor.
- Ensuring Harmony Between Fundamental Rights and Directive Principles is important.
Key Judgments
- Kesavananda Bharati Case (1973) established the doctrine.
- Indira Gandhi Election Case (1975) added "Rule of Law" and "Free & Fair Elections."
- Minerva Mills Case (1980) strengthened the balance between Fundamental Rights & DPSPs.
- Waman Rao Case (1981) clarified that laws violating the Basic Structure can be reviewed.
- I.R. Coelho Case (2007) determined that Ninth Schedule laws can be struck down if they violate the Basic Structure.
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