Difficulty: Medium
Correct Answer: All I, II and III
Explanation:
Introduction / Context:
This question deals with constitutional law and the landmark doctrine of the 'Basic Structure' of the Constitution of India. The basic structure doctrine, evolved through Supreme Court judgements such as Kesavananda Bharati and subsequent cases, holds that Parliament cannot alter certain fundamental features of the Constitution through amendments. Understanding what counts as part of the basic structure is essential for law students, aspirants of civil services and anyone studying Indian polity.
Given Data / Assumptions:
Concept / Approach:
The basic structure doctrine does not exist as a fixed list in the Constitution itself. Instead, various Supreme Court judgements have identified certain features as part of the basic structure. Among these are the supremacy of the Constitution, the republican and democratic form of government, secularism, separation of powers, and the power of judicial review. Free and fair elections are considered integral to democracy, and democracy itself is part of the basic structure. Likewise, judicial review is explicitly mentioned as a basic feature because it allows courts to check unconstitutional amendments or laws. Therefore, all three given features are part of, or closely tied to, the recognised basic structure.
Step-by-Step Solution:
Step 1: Consider statement I: Supremacy of the Constitution. The Supreme Court has repeatedly affirmed that the Constitution is supreme and that this supremacy forms a core part of the basic structure.
Step 2: Consider statement II: Free and fair elections. Free and fair elections are essential to a democratic, republican form of government, which is recognised as part of the basic structure; hence, this feature is also protected.
Step 3: Consider statement III: Judicial review. The power of judicial review, especially in the context of reviewing constitutional amendments, has been explicitly declared a basic feature in several judgements.
Step 4: Note that all three features have been recognised either directly or through their essential connection to democracy and constitutional supremacy as elements of the basic structure.
Step 5: Therefore, choose the option that includes I, II and III together, which is 'All I, II and III'.
Verification / Alternative check:
To verify, you can refer to summaries of key Supreme Court cases such as Kesavananda Bharati v. State of Kerala, Indira Nehru Gandhi v. Raj Narain, and Minerva Mills v. Union of India. These judgements discuss the basic structure doctrine and mention features like the supremacy of the Constitution, democratic form of government, rule of law, and judicial review as unamendable essentials. Commentaries on Indian polity, especially standard reference books used for UPSC preparation, also list free and fair elections, judicial review, and constitutional supremacy within the set of basic structure elements recognised over time.
Why Other Options Are Wrong:
Common Pitfalls:
A common mistake is assuming that only those features explicitly listed in a single judgement count as basic structure elements, rather than understanding that the list has evolved across multiple decisions. Another pitfall is underestimating the importance of judicial review, thinking it is just a procedural power instead of a core safeguard of constitutional supremacy. To avoid these errors, students should study a consolidated list of commonly accepted basic structure features and understand how each supports the integrity of the constitutional system, rather than memorising isolated points in a fragmented way.
Final Answer:
All three features—supremacy of the Constitution, free and fair elections, and judicial review—are recognised as part of the Basic Structure of the Constitution of India, so the correct option is 'All I, II and III'.
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