Nov 25th Static Quiz Polity (Basic Structure)

Ans;- d) All of the above

Explanation:-

• The Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution.

• Though unclear about the exact basic structure, from the various SC judgements, the following have emerged as ‘basic features’ of the Constitution –

1. Supremacy of the Constitution.
2. Sovereign, democratic and republican nature of the Indian polity.
3. Secular character of the Constitution.
4. Separation of powers between the legislature, the executive and the judiciary.
5. Federal character of the Constitution.
6. Unity and integrity of the nation.
7. Welfare state (socio-economic justice).
8. Judicial review.
9. Freedom and dignity of the individual.
10. Parliamentary system.
11. Rule of law.
12. Harmony and balance between Fundamental Rights and Directive Principles.
13. Principle of equality.
14. Free and fair elections.
15. Independence of Judiciary.
16. Limited power of Parliament to amend the Constitution.
17. Effective access to justice.
18. Principle of reasonableness.
19. Powers of the Supreme Court under Articles 32, 136, 141 and 142.

Ans;- b) Only 2
Explanation:-
• As question is asked to choose incorrect i.e. statement 2nd only.
• The Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority.
• But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, i.e., a majority of the members of each House present and voting (similar to the ordinary legislative process).
• Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368.

The Constitution can be amended in three ways –

1. Amendment by simple majority of the Parliament.
2. Amendment by special majority of the Parliament.
3. Amendment by special majority of the Parliament and the ratification of half of the state legislatures.

Simple Majority of Parliament

The provisions that can be amended by this include –

1. Admission or establishment of new states.

2. Formation of new states and alteration of areas, boundaries or names of existing states.

3. Abolition or creation of legislative councils in states.

4. 2nd Schedule – emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.

5. Quorum in Parliament.

6. Salaries and allowances of the members of Parliament.

7. Rules of procedure in Parliament.

8. Privileges of the Parliament, its members and its committees.

9. Use of English language in Parliament.

10. Number of judges in the Supreme Court.

11. Conferment of more jurisdiction on the Supreme Court.

12. Use of official language.

13. Citizenship – acquisition and termination.

14. Elections to Parliament and state legislatures.

15. Delimitation of constituencies.

16. Union territories.

17. Fifth Schedule – administration of scheduled areas and scheduled tribes.

18. Sixth Schedule – administration of tribal areas.

Ans;- a) Fundamental Rights Case

Explanation;-

• The Kesavananda Bharati case (1973) is popularly known as the Fundamental Rights Case.

• In Kesavananda Bharati v State of Kerala, the Supreme Court ruled that an amendment cannot destroy what it seeks to modify ,it cannot tinker with the constitution’s basic structure or framework, which are immutable.

• Such an amendment will be declared invalid, although no part of the constitution is protected from amendment, the basic structure doctrine does not protect any one provision of the constitution.

• According to the doctrine, the constitution’s basic features (when “read as a whole”) cannot be abridged or abolished.

• These “basic features” have not been fully defined, and whether a particular provision of the constitution is a “basic feature” is decided by the courts.

The Kesavananda Bharati v. State of Kerala decision laid down the constitution’s basic structure as follows

1. The Supremacy of the constitution
2. Republican, democratic form of government
3. Its secular nature
4. Separation of powers
5. Its federal character

Ans;- c) Both 1 and 2

Explanation;-

• As question asked to choose incorrect, both the statemensts are incorrect that’s y answer is C.

• The basic structure doctrine has since been regarded as a tenet of Indian constitutional law.

• The basic structure is not defined in Constituion but it was the judiciary innovation over the years through different judgements.

Above attached image of elements of Basic Structure.

Ans;- d) Neither the supreme court nor the parliament have defined the basic structure of the Constituion.

Explanation;- Self Explanatory

THE END.