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प्रश्न
Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.
Fact Situation: Parliament proposes an amendment limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
The proposed amendment is against the doctrine of the basic structure.
The proposed amendment is unconnected to the doctrine of the basic structure.
The proposed amendment can be reviewed and struck down by the Constitutional Courts.
The proposed amendment is beyond the power of the Parliament.
उत्तर
The proposed amendment can be reviewed and struck down by the Constitutional Courts.
Explanation:
Supreme Court has declared that the basic structure/ features of the constitution is resting on the basic foundation of the constitution. The basic foundation of the constitution is the dignity and the freedom of its citizens which is of supreme importance and can not be destroyed by any legislation of the parliament. Article 136 of the constitution stipulates for special leave petition. Meaning, any person aggrieved of any violation may without any restriction (whether the case is pending in some court, decided or whatever) can approach the Supreme Court under SLP. In addition, if SC finds substance in the SLP then it can hear and dispose of the case.
Hence "The proposed amendment can be reviewed and struck down by the Constitutional Courts." is most appropriate and the proposed amendment can be reviewed and struck down by the constitutional courts.
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संबंधित प्रश्न
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.
The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power is not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.
If Courts enter into executive domain or in matters of policy, which principle or standard will it be violating?
The High Courts at Bombay, Calcutta, and Madras were established under the
Which of the following is NOT a fundamental duty as per the provisions of the Constitution of India?
Inter state council was constituted in?
By which of the following act, the Indian (Central) Legislative Council was a set-up?
In the question given below are two statements labelled as Assertion (A) and Reason (R). In the context of the two statements, which of the following is correct?
Assertion (A): CAG is the guardian of public purse in India.
Reason (R): In a democracy, the doctrine of check and balance is necessary to maintain a just society.
Answer the question which follows from the application of the under mentioned legal principle.
Principle:
(1) The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
(2) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.
Facts: The Government of Rajasthan, passed an order providing for reservations for the Scheduled Castes/ Scheduled Tribes and Socially and Educationally Backward Classes (including Muslims), and Women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner: Scheduled Caste- 15%; Scheduled Tribe- 7.5%, Socially and Educationally Backward Classes (including Muslims) - 27%.
I. The reservation policy of the government is violative of the principle of equality envisaged in the Constitution
II. The reservation policy is unconstitutional because it is based on ‘caste’ which is a prohibited marker
III. Reservation does not violate equality clause as it entails “like should be treated like and unlike should be treated differently.”
IV. Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
Match schedule I and II and choose the appropriate answer.
| Schedule I | Schedule II | ||
| i. | Republic | 1. | Head of the state is elected by the people |
| ii. | Secular | 2. | State does not recognize any religion as religion of the state |
| iii. | Democracy | 3. | The government which gets authority from the will of the people |
Which of the following statements is correct?
Article 35 A, Constitution of India is regarding
