Exercises · Q6
Q.Identify correct statements about basic structure theory, correct the incorrect ones (5 statements re: Constitution specifying basic tenets, legislature amend power, judiciary defining basic structure, Kesavananda Bharati case, increased judiciary powers).
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Start your 14-day free trial to unlock the full solution →Statement (a) is the only incorrect one, and it is incorrect for a striking reason: unlike what it claims, the Constitution's text does not specify the basic tenets at all — the basic structure doctrine is entirely a judicial creation. Statements (b) through (e) all match the chapter's account.
- INCORRECT. "Constitution specifies the basic tenets" is not true — the chapter is explicit that "there is no mention of this theory in the Constitution. It has emerged from judicial interpretation." Corrected statement: the basic structure of the Constitution is not defined anywhere in its text; it was developed entirely by the judiciary, through interpretation, starting with the Kesavananda Bharati case.
- CORRECT. The Kesavananda ruling "allows Parliament to amend any and all parts of the Constitution (within this limitation)" — meaning Parliament's amending power covers everything except whatever falls within the basic structure.
- CORRECT. The same ruling "places the Judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure" — so it is the judiciary, not the Constitution's text or Parliament, that has defined which aspects count as basic structure. …
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