9 Aug,2023 Basic Structure of Constitution

Question 1

What is the Basic Structure Doctrine?

Answer 1

The Basic Structure Doctrine is a form of judicial review that is used to test the legality of any legislation by the courts.

Question 2

What is the purpose of the Basic Structure Doctrine in the Indian Constitution?

Answer 2

The Basic Structure Doctrine is used for judicial review of legislation to ensure that laws do not damage or destroy the fundamental features of the Constitution.

Question 3

When was the Basic Structure Doctrine introduced?

Answer 3

The Basic Structure Doctrine was introduced in the landmark Supreme Court ruling in Kesavananda Bharati v State of Kerala in 1973.

Question 4

When was the Basic Structure Doctrine introduced and in which landmark case?

Answer 4

The Basic Structure Doctrine was introduced by the Supreme Court in the 1973 Kesavananda Bharati v State of Kerala case.

Question 5

What are the basic features of the Indian Constitution?

Answer 5

The basic features of the Indian Constitution include the supremacy of the Constitution, the republican and democratic forms of government, the secular character of the Constitution, the separation of powers between the Legislature, the executive and the judiciary, and the federal character of the Constitution.

Question 6

What is the purpose of the Basic Structure Doctrine?

Answer 6

The purpose of the Basic Structure Doctrine is to protect the fundamental principles of the Indian Constitution from being amended by Parliament.

Question 7

What are the arguments against the Basic Structure Doctrine?

Answer 7

Some people argue that the Basic Structure Doctrine is undemocratic because it gives unelected judges the power to strike down amendments to the Constitution. Others argue that the Doctrine gives the judiciary too much power and can lead to judicial overreach.

Question 8

What are the arguments in favor of the Basic Structure Doctrine?

Answer 8

Supporters of the Basic Structure Doctrine argue that it is necessary to protect the fundamental principles of the Constitution from being amended by a temporary majority in Parliament. They also argue that the Doctrine helps to ensure that the Constitution is supreme and that the government is not able to become too powerful.

Question 9

What is the impact of the Basic Structure Doctrine?

Answer 9

The Basic Structure Doctrine has had a significant impact on the Indian Constitution. It has helped to prevent the government from amending the Constitution in ways that would undermine its fundamental principles. The Doctrine has also helped to protect the rights of citizens and to ensure that the government is accountable to the people.

Question 10

What is the significance of the 1951 Constitution (First Amendment) Act?

Answer 10

The 1951 amendment allowed for amending Fundamental Rights provisions and expanded restrictions on freedom of speech to address policy needs and protect marginalized groups.

Question 11

Why did the Kesavananda ruling become crucial in Indian jurisprudence?

Answer 11

The Kesavananda ruling established that while Parliament has the power to amend the Constitution, it cannot amend its basic features, shaping the concept of the Basic Structure Doctrine.

Question 12

What are some components identified as the “Basic Features” of the Indian Constitution?

Answer 12

Basic features include Supremacy of the Constitution, Republican and Democratic forms of Government, Secular character, Separation of powers, and Federal character.

Question 13

When was the Basic Structure Doctrine first applied after its introduction, and in what case?

Answer 13

The Basic Structure Doctrine was applied for the first time in the 1975 Indira Gandhi v. Raj Narain case.

Question 14

What arguments are made against the Basic Structure Doctrine?

Answer 14

Arguments against the doctrine include its absence in the Constitution’s text, concerns about anti-democratic power of unelected judges, and fears of judicial overreach.

Question 15

What arguments are made in favor of the Basic Structure Doctrine?

Answer 15

Arguments in favor include maintaining the sanctity of the Constitution, acting as a check on majoritarian impulses, and preventing the unlimited power of Parliament to amend the Constitution.

Question 16

What is the contribution of the Basic Structure Doctrine to Indian constitutionalism?

Answer 16

The doctrine maintains the Constitution’s supremacy, prevents its destruction by temporary majorities, limits constituent power, and stabilizes democracy.

Question 17

What role did the Basic Structure Doctrine play in Indian democracy?

Answer 17

The doctrine protected the Constitution, checked majoritarian influence, and prevented destabilization by ensuring that Parliament does not have unlimited power to amend the Constitution.

Question 18

What is the future of the Basic Structure Doctrine?

Answer 18

The future of the Basic Structure Doctrine is uncertain. Some people argue that the Doctrine is outdated and should be abolished. Others argue that the Doctrine is essential to protecting the fundamental principles of the Indian Constitution. It is likely that the Doctrine will continue to be debated for many years to come.

Question 19

What is the conclusion of the article?

Answer 19

The article concludes that the Basic Structure Doctrine is one of the biggest contributions of the Indian Judiciary to the theory of constitutionalism. The Doctrine has helped in maintaining supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament. It acts as a limitation upon the constituent power and has helped in arresting the forces which may destabilize the democracy.