| Legal Principle The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is |
| a part of the basic structure and it helps the Constitutional Courts to determine whether an amendment is against the basic structure or not. |
| Fact Situation Parliament proposes an amendment to limit the power of appeal against conviction for the offence of sedition, to be exercised only by the Supreme Court of India. |
| Which of the following statements is the most appropriate in relation to the legal principle stated above? |
A) The proposed amendment is against the doctrine of basic structure.
B) The proposed amendment is unconnected to the doctrine of basic structure.
C) The proposed amendment can be reviewed and struck down by the Constitutional Courts.
D) The proposed amendment is beyond the power of the Parliament.
Correct Answer: C
Solution :
Sol. As per the given Legal Principle, the Parliament cannot take away basic features of the Constitution of India through amendments. The Constitutional Courts have power of judicial review to determine whether an amendment is against the basic structure or not. Thus, the proposed amendment by the Parliament in the Fact Situation to limit the power of appeal against conviction for the offence of Sedition can be reviewed and struck down by the Constitutional Courts.
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