Target Exam

CUET

Subject

Political Science

Chapter

Politics in India Since Independence: Crisis of democratic Order

Question:

Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R.

Assertion A: In some circumstances the constitution and the Parliament can amend the basic features of constitution.
Reason R: The Kesavananda Bharti Case, Supreme Court gave a decision that there are some basic features of the constitution and the Parliament can't amend its features.

In the light of the above statement choose the most appropriate answer from the option given below:

Options:

Both A and R are the correct and R is the correct explanation of A

Both A and R are the correct and R is not the correct explanation of A

A is correct but R is not correct

A is not correct but R is correct

Correct Answer:

A is not correct but R is correct

Explanation:

The correct answer is Option 4 : A is not correct but R is correct

Assertion (A): "In some circumstances, the Constitution and the Parliament can amend the basic features of the Constitution."
This is incorrect because the basic structure doctrine established in the Kesavananda Bharati case (1973) explicitly states that while the Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy the basic features of the Constitution.

Reason (R): "In the Kesavananda Bharati case, the Supreme Court gave a decision that there are some basic features of the Constitution, and the Parliament can't amend its features."
This is true and correctly explains the principle laid down in the Kesavananda Bharati judgment. The Kesavananda Bharati case established the doctrine of the basic structure of the Constitution, which limits Parliament's power to amend the Constitution. Parliament cannot amend the basic features of the Constitution, which include fundamental rights, secularism, and the rule of law.

Per NCERT:

Kesavananda Bharati Case:  In this case, the Court gave a decision that there are some basic features of the Constitution and the Parliament cannot amend these features.