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Q106 (CDS-I/2019) Polity & Governance › Constitutional Basics & Evolution › Basic structure doctrine Answer Verified

Which among the following statements about the power to change the basic structure of the Constitution of India is/are correct? 1. It falls outside the scope of the amending powers of the Parliament. 2. It can be exercised by the people though representatives in a Constituent Assembly. 3. It falls within the constituent powers of the Parliament. Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: B
Explanation

The correct answer is Option 2 (1 and 2) based on the doctrine established in the Kesavananda Bharati case (1973).

  • Statement 1 is correct: The Supreme Court ruled that while Parliament has wide powers to amend the Constitution under Article 368, these powers are not absolute. The "Basic Structure" forms the core philosophy of the Constitution and falls outside the scope of Parliament's amending jurisdiction.
  • Statement 2 is correct: Since the Parliament is a creature of the Constitution, it cannot alter its essential foundations. Such a fundamental change would require a Constituent Assembly—a body representing the sovereign will of the people—to draft a new organic document altogether.
  • Statement 3 is incorrect: The constituent power of Parliament is limited. It can amend the Constitution but cannot "rewrite" it or destroy its identity. Therefore, changing the basic structure does not fall within its constituent powers.
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