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Question
Identify the correct statements about the theory of basic structure.
Correct the incorrect statements.
a. The constitution specifies the basic tenets.
b. The legislature can amend all parts of the Constitution except the basic structure.
c. Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.
d. This theory found its first expression in the Kesavananda Bharati case 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.
Solution
a. Incorrect. The Constitution does not specify the basic tenets as it does not mention anywhere about the basic structure. This theory is given by the judiciary of India that looks into the spirit rather than the letter.
b. Correct
c. Incorrect. The judiciary has not explicitly defined the basic structure of the Indian Constitution. However, it has given various interpretations from time to time in its judgments.
d. Correct
e. Correct
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RELATED QUESTIONS
Write True / False against the following statement.
Elected representatives alone have the power to amend the Constitution.
Write True / False against the following statement.
The Parliament can amend any section of the Constitution.
Write True / False against the following statement.
The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently.
Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?
a. Voters
b. President of India
c. State Legislatures
d. Parliament
e. Governors
f. Judiciary
Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over different amendments?
From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw?
Explain the reason for requiring a special majority for amending the Constitution.
Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.
If amending power is with the elected representatives, the judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.
