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    Question



    “Basic Structure" is outcome of

    A.

    Original Constitution of India 

    B.

    Constitutional Amendment 

    C.

    Executive Order 

    D.

    Judicial Interpretation

    Correct option is D


    The concept of the "Basic Structure" of the Constitution is an outcome of Judicial Interpretation by the Supreme Court of India. This doctrine was established in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Supreme Court ruled that while Parliament has the power to amend the Constitution under Article 368, it cannot alter the "basic structure" or essential features of the Constitution. This judgment placed an implicit limitation on the amending powers of Parliament to protect core values like democracy, the rule of law, and fundamental rights, ensuring the Constitution’s integrity and continuity.
    Information Booster:
    1. Kesavananda Bharati Case (1973): This case established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution.
    2. Purpose of the Doctrine: Ensures that certain fundamental aspects of the Constitution remain unaltered to maintain its democratic essence.
    3. Key Components of Basic Structure: Fundamental rights, secularism, democracy, judicial review, and the rule of law are among the elements considered part of the basic structure.
    4. Subsequent Rulings: The doctrine has been upheld in later cases, such as the Indira Nehru Gandhi v. Raj Narain (1975) and Minerva Mills v. Union of India (1980).
    5. Judicial Safeguard: The doctrine acts as a judicial safeguard, preventing arbitrary changes to the Constitution.
    6. International Influence: India’s Basic Structure Doctrine has influenced judicial interpretations in other countries, like Bangladesh.

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