MPSC State Service 2021 · CSAT · Question 36 of 73

Passage: Read the following passage and answer the questions. Conceptually, the idea of basic structure is not sacrosanct, but is not amenable to change if circumstances so require. An example will suffice here. The federalism that the founding fathers prefered was articulated as a scheme of distribution of power between two layers of government-one at the Union Level and other at the Provincial Levels. The Seventy-Third and Seventy-Fourth Amendment Acts, in fact, altered the basic structure of the constitution by introducing ‘a third tier’ besides the Union and States and was therefore ‘Violative’ of the basic structure. The introduction of a third tier is a striking distortion in the prevalent two-tier structure of governance because this change is in the direction of greater federalism than what exists. However, these amendments were appreciated for having translated the notion of ‘democratic decentralization’ into practice and are thus reflective of the organic nature of the Constitution. Similarly, the introduction of the terms, like ‘Socialism’ and ‘Secularism’ (though the former considerably cost its salience with the adoption of the 1991 New Economic Policy) did not disrupt the basic structure simply because these changes evidently commanded ‘general assent’. What is thus critical is the fact that the values of the Constitutional structure that are considered ‘basic’ or ‘fundamental’ are not entirely sacrosanct, but are amenable to change if it is absolutely necessary to keep pace with the Social, Political and Economic milieu. Although the basic structure doctrine creates a contentious space, it none the less has struck ‘a balance, if an uneasy one … between the responsibilities of Parliament and the Supreme Court for protection of integrity of the seamless web [of Constitutional Democracy in India]. ’ On what grounds are changes in aspects of the basic structure of the Constitution Justified? (a) Because it is the wish of the majority party in Parliament. (b) Because it is absolutely necessary in order to keep pace with changing times. (c) If the change is necessary in the context of Social, Economic and Political Milieux. (d) If the change is in the form of value addition to existing rights.

Reading Comprehension

1. AOnly (a)
2. B(a), (b) and (c)
3. C(b), (c) and (d)Correct
4. DAll of the above