Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:
Under Article 368, the Parliament has no power to repeal Fundamental Rights because they are:
Options:
Enshrined in Part III of the Constitution
Human Rights
Transcendental Rights
Part of the basic structure or essential framework of the Constitution
Correct Answer:
Part of the basic structure or essential framework of the Constitution
Explanation:
The landmark 1973 Supreme Court case of Keshavanda Bharathi v. State of Kerela discussed the question about the unlimited constitutional amendment powers of the Parliament and established the doctrine of the basic structure or feature of the constitution. This doctrine invalidates any constitutional amendments that destroys or harms a basic or essential feature of the Constitution, like secularism, democracy and federalism. Supreme Court has also held judicial review to be the basic structure or feature of the Constitution; as a result, it can nullify any constitutional amendment that abolishes or disregards judicial review in issues concerning to fundamental rights of citizens