Which of the following statements are correct in respect of Basic Structure of Indian Constitution? (1) It is a form of Judicial Review (2) It is used to test the legality of any legislation by the Courts (3) The Doctrine of Basic Structure of Constitution gave free hand to Parliament to amend any part of Constitution (4) The Constitution of India defines basic structure' in terms of Federalism, Secularism, Fundamental Rights and Socialism.

Explanation

The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts. The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the basic structure' of the Constitution is inviolable, and could not be amended by Parliament. If a law is found to damage or destroy the basic features of the Constitution , the Court declares it unconstitutional. The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself. The test is widely regarded as a check on majoritarian impulses of the Parliament since it places substantive limits on the power to amend the Constitution. The Kesavananda ruling was a culmination of a series of tussles between the judiciary and the executive led by then Prime Minister Indira Gandhi. After a reversal of key legislation including land reforms; nationalization of banks; abolition of privy purse- the Parliament brought in a constitutional amendment to give itself the power to amend any part of the Constitution and passed a law that it cannot be reviewed by the courts. The Court had to then examine the scope of the Parliament's power to amend the Constitution and the legality of the land reforms. The 13-judge bench gave 11 separate judgments and the doctrine was culled out as the majority opinion in the case. The Court ruled that while Parliament has vast powers to amend the Constitution, it cannot amend certain basic features. On land reforms, the Court upheld the amendment that removed the fundamental right to property. The court ruled that in spirit, the amendment would not violate the basic structure of the Constitution. The origins of the basic structure doctrine are found in the post-war German Constitution law which, after the Nazi regime, was amended to protect some basic laws. In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as basic features of the document but added that it was not an exhaustive list. For example, judicial review, rule of law, federalism, and democratic republic structure are identified as basic features. In the 2015 ruling where the Supreme Court struck down the National Judicial Appointments Commission Act and the related Constitutional Amendment, judicial independence was identified as a basic feature of the Constitution. Statements 3 and 4 are incorrect. Basic Structure dies not give free hand to amend any part of Constitution. Also, the Constitution does not define the Basic Structure. LAKSHMIKANT