008) (All Lectures) Basic Structure - Important Content 2024

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Q1. Consider the following statements regarding the ‘Basic Structure’:
1. According to Constitution of India, the basic structure is a legal doctrine that constantly
keep evolving keeping with the changes in society
2. Article 15(6) violates the ‘Basic Structure’ and was recently struck down by the Supreme
Court
Choose the correct option:
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 and 2

Q2. Consider the following:


1. Effective access to justice
2. Federalism
3. Principle of equity
4. Articles 226 and 227
Which of the above features come under the purview of ‘Basic Structure’
a. Only one
b. Only two
c. Only three
d. All of the above
Q3. Consider the following:

Case Basic Structure Feature


Kesavananda Bharti Case Parliamentary System
Minerva Mills Case Limitation on Amendment power
Indra Sawhney Case Effective access to justice
Kihoto Holohan Case Rule of Law
S R Bommai Case Social Justice

How many pairs are correctly matched:


a. Only two
b. Only three
c. Only four
d. None

Answers: 1. D 2. C 3. B

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Explanation:
Q1.
Statement 1: Basic Structure is a common legal doctrine that has been evolved by the Hon’ble SC
over the course of various judgements. It does not find a place in the Constitution of India
(Therefore 1st statement is wrong)
Statement 2: In the judgement of Janhit Abhiyan v Union of India, SC upheld the constitutional
validity of 103rd CAA and the EWS Quota (Therefore the 2nd statement is wrong)

Q2.
Effective access to justice, Federalism and Articles 226 & 227 are part of the ‘Basic Structure’
But ‘Principle of equity’ is not a part of ‘Basic Structure’

Q3.

Case Components of Basic Structure


Kesavananda Bharti Case (1973) 1. Supremacy of the Constitution
2. Separation of powers
3. Republic and democratic form of gov’t
4. Secular and Federal character of
Constitution
5. Sovereignty and Unity of India
6. Freedom and dignity of individual
7. Welfare state principle
8. Parliamentary system
I Gandhi vs Raj Narain Case (1975) 1. Sovereign democratic republic
2. Equality of status and opportunity
3. Secularism and freedom of conscience
and religion
4. Rule of law
5. Judicial review
6. Free and Fair elections
Minerva Mills Case (1980) 1. Limited amendment power
2. Harmony b/w FR and DPSP
Central Coal Field Ltd Case (1980) Effective access to justice
Delhi Judicial Service Association Case (1991) Art 32, 136, 141 and 142
Indra Sawhney Case (1992) Rule of law
Kumar Padma Prasad Case (1992) Independence of judiciary
Raghunath Rao Case (1993) Principle of equality
SR Bommai Case (1994) 1. Federalism, Secularism, Democracy
2. Social Justice
3. Judicial Review and Unity and
Integrity of India
L Chandra Kumar Case (1997) Articles 226 and 227

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IR Coelho Case (2007) 1. Rule of Law
2. Separation of power
3. Principles underlying FRs
4. Judicial Review
5. Principle of equality
Madras Bar Association Case (2014) 1. Judicial Review
2. Articles 226 and 227

Terms not defined in the Constitution

01. Minority
02. Untouchability
03. Public order
04. Federation (not mentioned)
05. Basic structure
06. Reasonable restriction
07. Public interest
08. Martial law
09. Domicile
10. Violation of the constitution
11. Office of profit
12. Illegal migrant
13. Contempt of Court

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