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Indian Politics Questions and Answers

521.

The doctrine of the ‘basic structure’ of the Constitution was laid down by the Supreme Court in

Answer: A

Correct answer: Kesavananda Bharati v. State of Kerala

The basic structure doctrine was laid down in Kesavananda Bharati v. State of Kerala in 1973, decided by a bench of thirteen judges - the largest ever constituted - by a majority of seven to six. The Court held that Parliament may amend any part of the Constitution, including the Fundamental Rights, but may not alter its basic structure. That structure has never been exhaustively defined, but the elements identified over time include the supremacy of the Constitution, the rule of law, judicial review, separation of powers, federalism, secularism, free and fair elections, and the independence of the judiciary. It reversed the position in Golaknath (1967), which had held that the Fundamental Rights could not be amended at all, and it has since been used to strike down the 39th Amendment, parts of the 42nd in Minerva Mills, and the 99th Amendment establishing a judicial appointments commission. Maneka Gandhi (1978) is the other landmark of the era, transforming the reading of Article 21.

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Answer: B

The Constitution was adopted by the Constituent Assembly on 26 November 1949, now observed as Constitution Day.

A few articles - on citizenship, elections and provisional Parliament - came into force at once; the rest took effect on 26 January 1950, the date India became a republic.

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523.

For Distribution of powers between the Union and the States, the Constitution of India introduces three lists. Which two of the following Articles govern the distribution  of powers:

Answer: D

Articles 245 and 246 govern the distribution of legislative powers.

Article 245 defines the territorial extent - Parliament for the whole of India, a state legislature for its own territory - and Article 246 divides the subjects between the Union, State and Concurrent Lists of the Seventh Schedule.

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