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The basic structure doctrine with regard to the Constitution of India relates to 1. the power of judicial review 2. the judgment in Kesavananda Bharati case (1973) 3. the constraints on Article 368 of the Constitution of India 4. the judgment in Golaknath case (1967) Select the correct answer using the code given below.
Explanation
The basic structure doctrine was established by the Supreme Court in the landmark Kesavananda Bharati case (1973) [1]. This doctrine serves as a substantive limitation on the Parliament's power to amend the Constitution under Article 368, asserting that while Parliament can amend any part of the Constitution, it cannot destroy its essential features [3]. Judicial review is recognized as an integral component of this basic structure, allowing the judiciary to strike down amendments that violate these core principles. While the Golaknath case (1967) preceded this doctrine and placed restrictions on amending Fundamental Rights by treating amendments as 'law' under Article 13, it did not formulate the 'basic structure' theory itself; rather, the Kesavananda judgment overruled Golaknath to introduce the doctrine [4]. Therefore, the doctrine relates to judicial review, the Kesavananda judgment, and constraints on Article 368.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > KESAVANANDA BHARATI CASE (1973) > p. 626
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > MINERVA MILLS CASE (1980) > p. 629
- [4] https://en.wikipedia.org/wiki/I._C._Golaknath_and_Others_v._State_of_Punjab_and_Anothers