Basic Structure of the Constitution

by Vidyaar
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30. Which Article is called the “Heart and Soul” of the Indian Constitution?

[CGPSC Preliminary Examination, 9 February 2025]

(A) Article 32

(B) Article 14

(C) Article 15

(D) Article 19

Answer: (A) Article 32

Explanation: Dr. B. R. Ambedkar described Article 32 as the Constitution’s heart and soul because it guarantees access to the Supreme Court for enforcing Fundamental Rights. Constitutional remedies, including writ jurisdiction, sustain judicial protection of rights and the basic constitutional framework.

29. Which among the following is not a basic feature of the Constitution of India?

[Bihar Civil Court Clerk, 22 December 2024, Shift 2]

(A) Fundamental Rights

(B) Independence of Judiciary

(C) Federalism

(D) The unquestioned right of Parliament to amend any part of the Constitution

Answer: (D) The unquestioned right of Parliament to amend any part of the Constitution

Explanation: Parliament has substantial but not unlimited authority to amend the Constitution. The Supreme Court protects the constitutional framework through the basic structure doctrine. Federalism and judicial independence are recognised core features, whereas an unrestricted power to amend would negate that limitation.

28. In which case did the Supreme Court of India enunciate the Doctrine of Basic Structure?

[RRB JE CBT-I, 17 December 2024, Shift 3]

(A) Golaknath case

(B) A.K. Gopalan case

(C) Maneka Gandhi case

(D) Kesavananda Bharati case

Answer: (D) Kesavananda Bharati case

Explanation: Kesavananda Bharati v. State of Kerala was decided on 24 April 1973 by a thirteen-judge bench. It held that Article 368 allows constitutional change, subject to preserving the essential framework. The doctrine continues to guide judicial scrutiny of constitutional amendments.

27. In which of the following cases was the basic structure doctrine recognised for the first time?

[RPF SI CBT-I, 12 December 2024, Shift 1]

(A) Kumar Padma Prasad case

(B) Berubari Union case

(C) LIC of India case

(D) Kesavananda Bharati case

Answer: (D) Kesavananda Bharati case

Explanation: The Supreme Court formally recognised the doctrine in Kesavananda Bharati (1973). It prevented constitutional amendments from removing essential safeguards while allowing ordinary constitutional development. Its foundations include the supremacy of the Constitution, democratic governance, judicial review and the federal character of India.

26. In which case did the Supreme Court of India propound the Basic Structure Doctrine of the Constitution?

[SSC MTS, 21 October 2024, Shift 1]

(A) Kesavananda Bharati v. State of Kerala

(B) Maneka Gandhi v. Union of India

(C) Golaknath v. State of Punjab

(D) Indira Gandhi v. Raj Narain

Answer: (A) Kesavananda Bharati v. State of Kerala

Explanation: Kesavananda Bharati (1973) introduced the doctrine. Golaknath (1967) addressed the amendability of Fundamental Rights; Maneka Gandhi concerned personal liberty; Indira Gandhi v. Raj Narain later applied basic-structure reasoning to democratic elections. The originating decision remains Kesavananda Bharati.

25. Consider statements about the Basic Structure:
I. Parliament incorporated the doctrine through legislation.
II. Parliament may amend any part of the Constitution without affecting its basic structure.
III. Limited amending power is itself a basic feature.
IV. Kumar Padma Prasad (1992) declared building a welfare state a basic feature.

Which are correct?

[APPSC Group-I Prelims, 17 March 2024]

(A) I, II and III

(B) II, III and IV

(C) II and III

(D) II and IV

Answer: (C) II and III

Explanation: The doctrine emerged from the judiciary, not a parliamentary enactment, making I incorrect. Parliament may amend provisions while preserving the basic structure, and its limited amending power is itself protected. The specific attribution in IV to Kumar Padma Prasad is incorrect.

24. Who can amend any part of the Constitution without affecting its basic structure?

[Delhi Police Constable (Executive), 21 November 2023, Shift 2]

(A) Judiciary

(B) President

(C) Parliament

(D) Executive

Answer: (C) Parliament

Explanation: Article 368 vests constituent power to amend the Constitution in Parliament through the prescribed procedure. This power includes changes to Fundamental Rights but is constrained by the basic structure doctrine. The judiciary tests constitutionality; it does not itself enact constitutional amendments.

23. In which case did the Supreme Court hold that the democratic character of the polity was an essential component of the basic structure?

[SSC CPO Paper-I, 4 October 2023, Shift 1]

(A) Sajjan Singh v. State of Rajasthan

(B) Kesavananda Bharati v. State of Kerala

(C) Romesh Thappar v. State of Madras

(D) A.K. Gopalan v. State of Madras

Answer: (B) Kesavananda Bharati v. State of Kerala

Explanation: Kesavananda Bharati (1973) recognised democratic and republican government among India’s essential constitutional features. The doctrine protects popular sovereignty, representative institutions and constitutional limitations on public power. Parliament may amend procedures, but cannot abolish the democracy defining the constitutional order.

22. In which case did the Supreme Court of India give the doctrine of basic structure for the first time?

[69th BPSC Preliminary Examination, 30 September 2023]

(A) Golaknath v. State of Punjab

(B) Kesavananda Bharati v. State of Kerala

(C) Minerva Mills v. Union of India

(D) Both (A) and (B)

Answer: (B) Kesavananda Bharati v. State of Kerala

Explanation: The Supreme Court first articulated the doctrine in Kesavananda Bharati (1973). Golaknath restricted constitutional amendments affecting Fundamental Rights, but did not establish this test. Minerva Mills (1980) later reinforced the limited nature of the amending power and judicial review.

21. The landmark Supreme Court judgment in Subhash Sharma v. Union of India (1991) refers to which basic feature of the Constitution?

[UPSC CDS General Knowledge, 3 September 2023]

(A) Judicial Review

(B) Rule of Law

(C) Free and fair elections

(D) Fundamental Rights

Answer: (A) Judicial Review

Explanation: Subhash Sharma concerned appointments to the higher judiciary and the constitutional significance of judicial independence. Judicial review is integral to preserving constitutional limits and has been recognised as a basic feature. Courts use it to test legislation and amendments against constitutional requirements.

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