Solved previous year question from the OPSC OAS/OCS 2023 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.
Question
Which of the following statements are correct in respect of the genesis of the ‘Doctrine of Basic Structure of Constitution’?
(1) This doctrine was first propounded by Supreme Court in Shankari Prasad Vs Union of India Case
(2) In Sajjan Singh Vs State of Rajasthan Case Supreme Court held that Parliament could amend any part of the Constitution
(3) In Golaknath Vs the State of Punjab Case Supreme Court ruled that Art. 368 only lays down the procedure to amend the Constitution but does not give an absolute power to Parliament to amend any part of the Constitution
(4) In the case of Waman Rao Vs Union of India Supreme Court set aside the basic structure doctrine
Which of the statements given above is/are correct?
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Answer & Explanation
Correct answer: (B) 2 and 3
The doctrine of basic structure was first propounded by the Supreme Court of India in the landmark case of Keshavananda Bharati v. State of Kerala (1973).
Key Features of the Doctrine
- Not explicitly stated in the Constitution:
It evolved through judicial interpretations.
- Ensures constitutional supremacy:
The doctrine prevents arbitrary amendments that could undermine the Constitution’s integrity or democratic framework.
- Balances parliamentary power and judicial review:
It allows Parliament to amend the Constitution within certain limits while enabling the judiciary to strike down amendments violating the basic structure.
Components of Basic Structure
While the Supreme Court has not provided an exhaustive list, the following elements are widely recognized as part of the Basic Structure:
- Supremacy of the Constitution
- Sovereign, Democratic, and Secular Character
- Rule of Law
- Separation of Powers
- Judicial Review
- Federalism
- Parliamentary System of Government
- Harmony between Fundamental Rights and Directive Principles
- Free and Fair Elections
- Unity and Integrity of the Nation
- Independent Judiciary
