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| Q. |
The basic features of the Indian Constitution which are not amendable under Article 368 are – |
| A. | Sovereignty, territorial integrity, federal system and judicial review. |
| B. | Sovereignty, territorial integrity and parliamentary system of government. |
| C. | Judicial review and the federal system. |
| D. | Sovereignty, territorial integrity, federal system, judicial review and parliamentary system of government. |
| Answer» D. Sovereignty, territorial integrity, federal system, judicial review and parliamentary system of government. | |
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Explanation: The power of Parliament to legislate and amend provisions of the Constitution came up for Judicial review in many cases; most important of them being Kesavananda Bharati Vs State of Kerala, the famous decision of 13 judges' Bench in 1973. The majority in this case held that the power of amendment under Article 368 of the Constitution is not absolute, but subject to various implied and inherent restrictions imposed by the basic structure of the frame-work of the Constitution. The Parliament in its efforts to regain the 'supremacy' in amending the Constitution, added clauses (4) and (5) to Article 368, trying to make the amending power of Parliament unlimited and to limit the judicial review over such amendments. However, this amendment was also struck down by Supreme Court in Minerva Mills Vs Union of India (1980) case. While there is no judicial unanimity on what constitutes the basic features of Indian Constitution, different Benches of the Supreme Court have declared different aspects as Its basic features. A perusal of these decisions would tell us that the following are the established basic features of the Indian. Constitution: Supremacy of Constitution; Republican and Democratic form of government; Secular character; Separation of Powers; Judicial review; Independence of Judiciary; Harmony between Fundamental rights and Directive principles; etc. |
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