Consider the following statements regarding the ‘Basic Structure’ doctrine of the Indian Constitution and judicial pronouncements:
- The 'Basic Structure' doctrine was first propounded by the Supreme Court in the Kesavananda Bharati case.
- Parliament can amend any part of the Constitution under Article 368, but it must not affect the basic structure.
- Judicial Review is not a part of the basic structure of the Constitution.
- In the Minerva Mills case the court identified the balance between Fundamental Rights and Directive Principles as a part of the basic structure.
Which of the above statements are correct?
Correct answer: B
Explanation
Statements 1, 2 and 4 are correct: the doctrine emerged in Kesavananda Bharati (1973), Parliament can amend any part under Article 368 short of the basic structure, and Minerva Mills held that the balance between Fundamental Rights and Directive Principles is part of that structure. Statement 3 is wrong because judicial review is itself recognised as part of the basic structure.