Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:

Read the following passage and answer the questions.

The Constitution of India begins with the Preamble affirming its aims, objectives, and the guiding principles. The principles laid out in the Preamble are used for interpreting provisions of the Constitution that are vague and ambiguous; and as discussed in an earlier Unit, Preamble is the 'basic structure' of the Constitution. In that, the doctrine of 'basic structure' takes away the amendment power of the Parliament with regards to certain feature of the Constitution such as democracy, rule of law, secularism, separation of power and judicial review. Some of these features appear in the Preamble.

Which one of the following is not a basic structure?

Options:

Rule of Law

Parliamentary Debates

Secularism

Judicial Review

Correct Answer:

Parliamentary Debates

Explanation:

The correct answer is Option (2) → Parliamentary Debates

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.

 

  • Rule of Law, Secularism, and Judicial Review are considered part of the basic structure of the Constitution, meaning they are essential principles that cannot be amended or abolished by Parliament.

  • Parliamentary Debates, while important for legislative functioning, are not considered part of the basic structure of the Constitution. They are a regular part of the parliamentary process but do not have the same constitutional protection.