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Constitution: As A Living Document
Question
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Identify the correct statements about the theory of basic structure. Correct the incorrect statements.

(a) Constitution specifies the basic tenets.

(b) Legislature can amend all parts of the Constitution except the basic structure.

(c) Judiciary has defined which aspects of the constitution can be termed as the basic structure and which cannot.

(d) This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgements.

(e) This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.


Answer

(a) It is an incorrect statement. There is no mention as such of basic tenets in the constitution. The basic structure theory is an invention of the Supreme Court.
(b) It is a correct statement.
(c) It is a correct statement. The basic structure theory is the invention of the judiciary.
(d) It is also a correct statement.
(e) It is a correct statement. The basic structure theory has increased the powers of the judiciary. In due course of time, a general respect for the inviolable nature of the basic structure of our constitution has developed across the legislature, executive, intelligentia and the common people.

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Some More Questions From Constitution: As A Living Document Chapter

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(a) Citizenship clause.

(b) Right to freedom of religion.

(c) Changes in the union list.

(d) Changes in state boundaries.

(e) Provision regarding Election Commission.

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