Question 1 of 11intermediate💡 UnderstandShort Answer4 marks

State whether the following statements are correct or not:

(a)

After the Basic Structure ruling, Parliament does not have power to amend the Constitution.

Answer

False. The Legislature can amend all parts of the Constitution except the basic structure, meaning Parliament retains the power to amend subject to this limitation.

(b)

The Supreme Court has given a clear list of the basic features of our Constitution, which cannot be amended.

Answer

False. The Supreme Court has not given a clear list; rather, the Judiciary has defined which aspects can be termed basic structure and decides on them.

(c)

Judiciary has the power to decide whether an amendment violates basic structure or not.

Answer

True. The theory of basic structure has increased the powers of the judiciary, giving it the authority to decide whether an amendment violates the basic structure.

(d)

The Kesavananda Bharati ruling has set clear limits on Parliament's power to amend the Constitution.

Answer

True. The Kesavananda Bharati case was the first expression of the basic structure theory, which sets clear limits on Parliament's power to amend the Constitution.

Explanation

The answers are derived from the 'Check your progress' and Question 6 sections of the provided text. Statement (a) is incorrect because the text explicitly states the Legislature can amend all parts except the basic structure, confirming Parliament's amending power exists. Statement (b) is incorrect as the text notes the Judiciary 'defined which aspects... can be termed as the basic structure', implying an interpretive process rather than a fixed list. Statement (c) is correct because the text states the theory 'increased the powers of the judiciary'. Statement (d) is correct as the text confirms the theory found its first expression in the Kesavananda Bharati case, establishing limits on amendments.