Question 7 of 11intermediate🔍 AnalyzeShort Answer5 marks

Identify the correct statements about the theory of basic structure. Correct the incorrect statements.

(a)

Constitution specifies the basic tenets.

Answer

Incorrect. The Constitution does not specify the basic tenets. There is no mention of the basic structure theory in the Constitution. It has emerged from judicial interpretation.

(b)

Legislature can amend all parts of the Constitution except the basic structure.

Answer

Correct. The Legislature (Parliament) can amend any and all parts of the Constitution within the limitation that no amendment can violate the basic structure of the Constitution.

(c)

Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.

Answer

Correct. The Judiciary has elaborated upon this theory and given instances of what constitutes the basic structure. It places the Judiciary as the final authority in deciding what constitutes the basic structure.

(d)

This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.

Answer

Correct. The theory of basic structure found its first expression in the famous case of Kesavananda Bharati in 1973 and has been discussed in subsequent judgments.

(e)

This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.

Answer

Correct. This theory has increased the powers of the judiciary by making it the final authority in deciding if an amendment violates basic structure. It has come to be accepted by different political parties and the government.

Explanation

This question tests understanding of the basic structure doctrine from the NCERT textbook. Statement (a) is incorrect because the context clearly states 'There is no mention of this theory in the Constitution. It has emerged from judicial interpretation.' Statements (b), (c), (d), and (e) are correct as they align with the textbook's explanation that Parliament can amend all parts within limitations, Judiciary defines basic structure, the theory originated in Kesavananda Bharati case (1973), and has been accepted by all institutions.