Question map
In the S R Bommai v. Union of India case, which one among the following features of the Constitution of India was upheld by the Supreme Court as a basic structure ?
Explanation
In the landmark case of S. R. Bommai v. Union of India (1994), a nine-judge bench of the Supreme Court of India explicitly upheld Secularism as a part of the basic structure of the Constitution [4]. The court ruled that the Indian Constitution embodies a positive concept of secularism, where all religions are treated equally and the state remains neutral in religious matters [4]. The judgment emphasized that any state government acting against the secular fabric of the nation could be dismissed under Article 356, as secularism is an essential feature that cannot be abridged [3]. While the Kesavananda Bharati case (1973) had previously listed the secular character of the constitution as a basic feature, the Bommai judgment provided a detailed interpretation of secularism in the context of federalism and the misuse of emergency powers [4].
Sources
- [4] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > ELEMENTS OF THE BASIC STRUCTURE > p. 129
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > ELEMENTS OF THE BASIC STRUCTURE > p. 129