Difficulty: Medium
Correct Answer: 1, 2 and 3 only
Explanation:
Introduction / Context:
The basic structure doctrine is one of the most important constitutional innovations developed by the Supreme Court of India. It limits the power of Parliament to amend the Constitution and protects core features such as judicial review, federalism, and fundamental rights. This question asks which statements correctly relate to this doctrine, including key cases and the role of Article 368.
Given Data / Assumptions:
Concept / Approach:
The basic structure doctrine was clearly articulated in the Kesavananda Bharati case in 1973. The Court held that while Parliament can amend most parts of the Constitution under Article 368, it cannot destroy its basic structure. Judicial review itself has been repeatedly recognised as one such basic feature. The Golaknath case, decided earlier in 1967, restricted Parliament’s power to amend fundamental rights, but the term basic structure was not yet used in the same sense. Golaknath is an important precursor, but the doctrine is firmly associated with Kesavananda and the resulting limits on Article 368, not with Golaknath as a source of the doctrine itself.
Step-by-Step Solution:
Step 1: Evaluate Statement 1. Judicial review, especially of constitutional amendments, has been recognised as part of the basic structure. So this statement is correct.
Step 2: Evaluate Statement 2. The Kesavananda Bharati case is the landmark judgment that explicitly formulated the basic structure doctrine. So this statement is correct.
Step 3: Evaluate Statement 3. The doctrine is precisely about limiting the amending power under Article 368, stating that Parliament cannot alter the basic structure. Therefore this statement is also correct.
Step 4: Evaluate Statement 4. Although the Golaknath case limited Parliament’s power to amend fundamental rights, the basic structure doctrine in its classic form is not directly identified with Golaknath. It is better seen as a precursor rather than part of the doctrine itself.
Step 5: Combine the results, which show that Statements 1, 2, and 3 are correct, but Statement 4 is not strictly part of the basic structure doctrine.
Verification / Alternative check:
Standard constitutional law textbooks treat Kesavananda Bharati as the birth point of the basic structure doctrine. They explain how Article 368 was interpreted in that case to mean that Parliament cannot damage the basic framework of the Constitution. Judicial review is repeatedly described as an essential basic feature that cannot be removed. Golaknath is discussed as an earlier decision that prompted Parliament to pass constitutional amendments and set the stage for Kesavananda, but it is not itself labelled as the origin of the basic structure doctrine. This confirms that the correct combination is 1, 2, and 3 only.
Why Other Options Are Wrong:
Option b: Includes Statement 4 and therefore wrongly implies that the doctrine is directly about Golaknath, which is misleading.
Option c: Leaves out Statement 2, even though Kesavananda Bharati is central to the doctrine and cannot be excluded.
Option d: Includes only Statements 2 and 4, ignoring the essential role of judicial review and Article 368, which is incomplete.
Common Pitfalls:
A common mistake is to treat every important constitutional case as part of the same doctrine without distinguishing their specific contributions. Students sometimes assume that because Golaknath dealt with amendment of fundamental rights, it must be part of the basic structure doctrine. It is important to remember that the doctrine in its classic form comes from Kesavananda Bharati and revolves around limits on Article 368 and the preservation of core features like judicial review.
Final Answer:
The basic structure doctrine relates to 1, 2 and 3 only, that is, the power of judicial review, the Kesavananda Bharati judgment of 1973, and the constraints imposed on Article 368.
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