Which of the following are a part of the 'basic features' of the Constitution of India as drawn from various decisions of the Supreme Court? 1. Effective access to justice 2. Rule of Law 3. Limitations upon the amending power under Article 368 Select the correct answer using the code given below.
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Correct answer
Explanation
The correct answer is D, 1, 2 and 3. The Supreme Court has counted all three among the basic features that Parliament cannot destroy.
The basic structure doctrine was laid down in Kesavananda Bharati (1973): Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure. Later cases added to the list. Rule of law was held basic in Indira Gandhi v. Raj Narain (1975). Minerva Mills (1980) held that the limited nature of the amending power is itself a basic feature, so Parliament cannot give itself unlimited power. Effective access to justice was recognised as a basic feature in the Central Coal Fields case (1980).
A is wrong: it leaves out the limits on the amending power.
B is wrong: it leaves out rule of law, one of the earliest basic features.
C is wrong: it leaves out effective access to justice.
Exam tip: basic structure = Kesavananda Bharati 1973; limited amending power and harmony of Fundamental Rights and DPSP = Minerva Mills 1980.
Practice Questions
View allWhich of the following statements about the Convention on the Elimination of All Forms of Discrimination against Women are correct? 1. The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women. 2. The Convention devotes major attention to women's reproductive rights. 3. The implementation of the Convention is monitored by the Committee on Human Rights. Select the answer using the code given below.
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show answer
CEDAW grew out of the Commission on the Status of Women and addresses reproductive rights, but it has its own monitoring committee.
Read the full explanation →The Governor of a state may exercise discretionary powers when 1. he or she is not convinced by the advice of the Council of Ministers 2. the Constitution requires him/her to act in his/her discretion in certain matters 3. he or she is appointed as the administrator of an adjoining Union Territory Select the correct answer using the code given below :
- A.1, 2 and 3
- B.1 and 2 only
- C.2 and 3 only
- D.3 only
Show answer
The Governor acts in discretion only where the Constitution allows it, which includes running an adjoining Union Territory. Article 163 says the Council of Ministers headed by the Chief Minister aids and advises the Governor, except where the Constitution requires the Governor to act in discretion.
Read the full explanation →Which of the following statements in respect of the nature of the federal system in India is/are correct? 1. Since the States had an independent existence prior to the formation of the Federation, the Constitution of India provided for safeguards for protecting 'State rights', similar to the Constitution of the United States. 2. The residuary powers are reserved with the States under the Constitution of the United States, but these are with the Union under the Constitution of India. 3. The Constitution of India has followed the Irish Constitution in vesting the residuary powers. Select the answer using the code given below.
- A.1, 2 and 3
- B.2 only
- C.2 and 3 only
- D.1 and 3 only
Show answer
Only the statement about where residuary powers lie is correct. The American federation was formed by an agreement among states that already existed, so its Constitution guards 'State rights'.
Read the full explanation →With reference to the election of the President of India, consider the following statements : 1. The value of the vote of each MLA varies from State to State. 2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha. Which of the statements given above is/are correct ?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
Show answer
An MLA's vote value depends on the State's population, but every elected MP, in either House, has the same vote value.
Read the full explanation →Regarding Money Bill, which of the following statements is not correct ?
- A.A bill shall be deemed to be a Money Bill if it contains only provisions relating to imposition, abolition, remission, alteration or regulation of any tax.
- B.A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India.
- C.A Money Bill is concerned with the appropriation of moneys out of the Contingency Fund of India.
- D.A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India.
Show answer
A Money Bill covers appropriation of money out of the Consolidated Fund of India, not out of the Contingency Fund, so statement C is the incorrect one.
Read the full explanation →