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Q23 (IAS/1994) Polity & Governance › Constitutional Basics & Evolution › Basic structure doctrine Answer Verified

The basic structure theory of the Constitution of India implies that

Result
Your answer: —  Â·  Correct: A
Explanation

The Basic Structure doctrine holds that certain fundamental features of the Constitution are inviolable and cannot be abrogated by parliamentary amendment; it introduces a substantive limitation beyond the procedural mode in Article 368, preventing Parliament from rewriting core constitutional principles [1]. The Supreme Court in Kesavananda Bharati emphasized that the basic elements reflected in the Preamble form part of this protected core and cannot be altered by amendment [3]. Option (1) thus captures the doctrine’s essence. Option (2) is too absolute: fundamental rights may be amended so long as the amendment does not destroy the Constitution’s basic structure [2]. Option (3) is a correct procedural statement but does not express the doctrine’s substantive limit; option (4) incorrectly frames the Preamble as not part of the Constitution while also mischaracterising the doctrine [3].

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 197
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
  3. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 97
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