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Question 1 of 5
1. Question
2 points
With reference to Kesavananda Bharati v. State of Kerala, consider the following statements:
The Supreme Court validated the 24th Amendment Act and stated that the Parliament of India can abridge or take away any of the Fundamental Rights.
The Parliament of India cannot, under the exercise of its limited power, enlarge the very power into absolute power.
The Supreme Court laid down the doctrine of ‘Basic Structure’ which cannot be altered by the Parliament in the exercise of its powers under Article 368.
The Supreme Court defined ‘Basic Structure’ as federalism, secularism, and fundamental rights.
How many of the above statements is/are correct?
Correct
Ans: B
Exp:
Statement 1 is correct: The Supreme Court in the Kesavananda Bharati v. State of Kerala validated the 24th Amendment Act and stated that the Parliament can abridge or take away any of the Fundamental Rights.
Statement 2 is incorrect: The Supreme Court in the Minerva Mills v. Union of India 1980, stated that the Parliament cannot, under the exercise of its limited power, enlarge that power into an absolute power. The Supreme Court, in the Minerva Mills case, invalidated provisions of the 42nd Amendment Act that made Constitutional Amendments beyond judicial scrutiny.
Statement 3 is correct: The Supreme Court in Kesavananda Bharati v. State of Kerala laid down the doctrine of ‘Basic structure’, which cannot be altered by the Parliament in the exercise of its powers under Article 368. It implies that the parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘Basic structure’ of the constitution.
Statement 4 is incorrect:The Supreme Court is yet to define or clarify as to what constitutes Basic structure. The basic features of the Basic Structure have emerged from various Supreme Court Judgments.
Incorrect
Ans: B
Exp:
Statement 1 is correct: The Supreme Court in the Kesavananda Bharati v. State of Kerala validated the 24th Amendment Act and stated that the Parliament can abridge or take away any of the Fundamental Rights.
Statement 2 is incorrect: The Supreme Court in the Minerva Mills v. Union of India 1980, stated that the Parliament cannot, under the exercise of its limited power, enlarge that power into an absolute power. The Supreme Court, in the Minerva Mills case, invalidated provisions of the 42nd Amendment Act that made Constitutional Amendments beyond judicial scrutiny.
Statement 3 is correct: The Supreme Court in Kesavananda Bharati v. State of Kerala laid down the doctrine of ‘Basic structure’, which cannot be altered by the Parliament in the exercise of its powers under Article 368. It implies that the parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘Basic structure’ of the constitution.
Statement 4 is incorrect:The Supreme Court is yet to define or clarify as to what constitutes Basic structure. The basic features of the Basic Structure have emerged from various Supreme Court Judgments.
Question 2 of 5
2. Question
2 points
Which of the following is correct regarding the ‘doctrine of basic structure’?
Correct
Ans: D
Exp:
Option D is correct: The Basic Structure doctrine has not been specified by the Supreme Court or the Parliament. The present position is that the Parliament, under Article 368, can amend any part of the Constitution, including the Fundamental Rights but without affecting the basic structure of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the Basic Structure of the Constitution. The Basic Structure doctrine is an evolving concept through various judgments of the Supreme Court. It’s the spirit of the Constitution and the mindset of the makers of the Constitution.
Incorrect
Ans: D
Exp:
Option D is correct: The Basic Structure doctrine has not been specified by the Supreme Court or the Parliament. The present position is that the Parliament, under Article 368, can amend any part of the Constitution, including the Fundamental Rights but without affecting the basic structure of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the Basic Structure of the Constitution. The Basic Structure doctrine is an evolving concept through various judgments of the Supreme Court. It’s the spirit of the Constitution and the mindset of the makers of the Constitution.
Question 3 of 5
3. Question
2 points
Which of the following judgments of the Supreme Court clarified that the Basic Structure Doctrine would apply to constitutional amendments enacted after April 24, 1973 in the Kesavananda Bharati Case, including the Ninth schedule?
Correct
Ans: A
Exp:
Waman Rao and others vs. Union of India (1981):The Supreme Court of India in Waman Rao v. Union of India (1981) considered the constitutionality of Articles 31A and 31B of the Indian Constitution in light of the Kesavananda Bharati judgment’s introduction of the Basic Structure theory. The Waman Rao case also held that amendments made to the 9th Schedule until the Kesavananda judgement are valid, and those passed after that date are subject to Judicial Review.
Indira Gandhi Nehru Case (1975): The doctrine of the Basic Structure of the Constitution was reaffirmed and applied by the Supreme Court. It also found PM Shri Indra Gandhi guilty of the corrupt practices. The election was declared void. She was disqualified to contest an election for 6 years.
Shah Bano Begum Case (1985): The Supreme Court delivered a judgment on the maintenance a divorced Muslim woman would be entitled to receive from her former husband in the case of Mohammed Ahmed Khan v. Shah Bano Begum (Shah Bano).
Indra Sawhney judgement (1992): The Supreme Court examined the scope and extent of Article 16(4) and proclaimed that the advanced sections among the OBCs (i.e, the creamy layer) must be excluded from the list of beneficiaries of reservation. It also held that the concept of creamy layer must be excluded for SCs & STs.
Incorrect
Ans: A
Exp:
Waman Rao and others vs. Union of India (1981):The Supreme Court of India in Waman Rao v. Union of India (1981) considered the constitutionality of Articles 31A and 31B of the Indian Constitution in light of the Kesavananda Bharati judgment’s introduction of the Basic Structure theory. The Waman Rao case also held that amendments made to the 9th Schedule until the Kesavananda judgement are valid, and those passed after that date are subject to Judicial Review.
Indira Gandhi Nehru Case (1975): The doctrine of the Basic Structure of the Constitution was reaffirmed and applied by the Supreme Court. It also found PM Shri Indra Gandhi guilty of the corrupt practices. The election was declared void. She was disqualified to contest an election for 6 years.
Shah Bano Begum Case (1985): The Supreme Court delivered a judgment on the maintenance a divorced Muslim woman would be entitled to receive from her former husband in the case of Mohammed Ahmed Khan v. Shah Bano Begum (Shah Bano).
Indra Sawhney judgement (1992): The Supreme Court examined the scope and extent of Article 16(4) and proclaimed that the advanced sections among the OBCs (i.e, the creamy layer) must be excluded from the list of beneficiaries of reservation. It also held that the concept of creamy layer must be excluded for SCs & STs.
Question 4 of 5
4. Question
2 points
Which of the following Supreme Court judgements stated that the Constitution’s secular character is a component of its basic structure?
Correct
Ans: D
Exp:
In the Kesavananda Bharati case of 1973, the Supreme Court held that the following elements are considered as the Basic Structure of the Constitution–
The preamble (In ‘Kesavanand Bharti’, case, the Supreme Court held that the Preamble is part of the basic structure of the Constitution, whereas, the same Court held in the famous ‘Berubari case’ that the Preamble is not the basic structure of the Constitution), supremacy of the Constitution, Separation of powers between the legislature, the executive, and the judiciary, republican and democratic form of government, Secular character of the constitution, Federal character of the constitution; sovereignty and unity of India, Freedom and dignity of the individual, and the Parliamentary System.
Incorrect
Ans: D
Exp:
In the Kesavananda Bharati case of 1973, the Supreme Court held that the following elements are considered as the Basic Structure of the Constitution–
The preamble (In ‘Kesavanand Bharti’, case, the Supreme Court held that the Preamble is part of the basic structure of the Constitution, whereas, the same Court held in the famous ‘Berubari case’ that the Preamble is not the basic structure of the Constitution), supremacy of the Constitution, Separation of powers between the legislature, the executive, and the judiciary, republican and democratic form of government, Secular character of the constitution, Federal character of the constitution; sovereignty and unity of India, Freedom and dignity of the individual, and the Parliamentary System.
Question 5 of 5
5. Question
2 points
Consider the following :
Separation of power
Federal character
Limited power of parliament to amend the constitution
Welfare state
How many of the above are part of the doctrine of basic structure?
Correct
Ans: D
Exp:
Since the Kesavananda Bharati Case, specific elements/principles which are considered part of the basic structure of the Indian Constitution have been identified and elaborated upon by the Indian Supreme Court in various cases over the years. Some of the key features or principles that have been recognized as part of the basic structure include: Supremacy of the constitution, Rule of law, Harmony and Balance between fundamental rights and directive principles, Separation of power, Federal character, Parliamentary system, Rule of equality,Limited power of parliament to amend the constitution, Welfare state etc.
Incorrect
Ans: D
Exp:
Since the Kesavananda Bharati Case, specific elements/principles which are considered part of the basic structure of the Indian Constitution have been identified and elaborated upon by the Indian Supreme Court in various cases over the years. Some of the key features or principles that have been recognized as part of the basic structure include: Supremacy of the constitution, Rule of law, Harmony and Balance between fundamental rights and directive principles, Separation of power, Federal character, Parliamentary system, Rule of equality,Limited power of parliament to amend the constitution, Welfare state etc.
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
Quick Revise Now ! UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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