Prelims Polity 515
Consider the following statements regarding the Basic Structure of the Constitution:
1. It refers to features of the Constitution that even the Parliament cannot amend.
2. The Supreme Court has defined the Basic Structure of the Constitution in the Kesavananda Bharti judgement.
Which of the statement(s) given above is/are correct?
Both 1 and 2
Neither 1 nor 2
In the Kesavananda Bharti judgement, the SC has laid down the new doctrine of ‘basic structure’ of the Constitution which constitutes features that cannot be amended even by the Parliament. However, SC has not clearly defined what constitutes Basic Structure but the ‘basic features’ have emerged over various judgements of the SC, including Supremacy of the Constitution, Rule of Law, Federal character etc. (Refer to Laxmikanth)