Q:
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.
Answer & Explanation
Answer: A) 1 and 3
Explanation: The Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavan and a Bharati Case. (1973)
Basic Structure of the Indian Constitution is not defined. But according to SC, the basic structure can be evolved but cannot be destroyed. Hence it falls within the constituent powers of the Parliament. Hence both 1 and 3 are correct.
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