Use app×
Join Bloom Tuition
One on One Online Tuition
JEE MAIN 2025 Foundation Course
NEET 2025 Foundation Course
CLASS 12 FOUNDATION COURSE
CLASS 10 FOUNDATION COURSE
CLASS 9 FOUNDATION COURSE
CLASS 8 FOUNDATION COURSE
0 votes
68 views
in GK by (72.6k points)
closed by

Which of the following does not form a part of the Basic Structure of the Indian Constitution?

  1. Rule of Law
  2. The supremacy of the constitution
  3. Welfare State
  4. Free and fair elections
  5. Parliamentary System of Government

1. 3 and 4 only
2. 3, 4 and 5 only
3. 1, 3 and 4 only
4. None of the above

1 Answer

0 votes
by (121k points)
selected by
 
Best answer
Correct Answer - Option 4 : None of the above

The correct answer is None of the above.

The ‘basic structure’ doctrine includes:

  • the supremacy of the Constitution,
  • the rule of law,
  • Independence of the judiciary,
  • the doctrine of separation of powers,
  • sovereign, democratic, republic,
  • the parliamentary system of government,
  • the principle of free and fair elections,
  • the welfare state, etc.

  • The Supreme Court in the Shankari Prasad case (1951) and Sajjan Singh case (1965) ruled that the term “law” in Article 13 must be taken to mean rules or regulations made in exercise of ordinary legislative power and not amendments to the Constitution made in exercise of constituent power under Article 368.
  • However, in the Golaknath case (1967), the Supreme Court held that Parliament could not amend Fundamental Rights, and this power would be only with a Constituent Assembly.
  • The Court held that an amendment under Article 368 is "law" within the meaning of Article 13 of the Constitution and therefore if an amendment "takes away or abridges" a Fundamental Right conferred by Part III, it is void.
  • To get over the judgments of the Supreme Court in the Golaknath case (1967), RC Cooper case (1970), and Madhavrao Scindia case (1970), Prime Minister Indira Gandhi had enacted major amendments to the Constitution (the 24th, 25th, 26th, and 29th).
  • The Constitutional Bench in the Kesavananda Bharati case ruled that Parliament could amend any part of the Constitution so long as it did not alter or amend the basic structure or essential features of the Constitution.

Welcome to Sarthaks eConnect: A unique platform where students can interact with teachers/experts/students to get solutions to their queries. Students (upto class 10+2) preparing for All Government Exams, CBSE Board Exam, ICSE Board Exam, State Board Exam, JEE (Mains+Advance) and NEET can ask questions from any subject and get quick answers by subject teachers/ experts/mentors/students.

Categories

...