Which among the following statements about the power to change the basic structure of the Constitution of India is/are correct?
- 1It falls outside the scope of the amending powers of the Parliament.
- 2It can be exercised by the people through representatives in a Constituent Assembly.
- 3It falls within the constituent powers of the Parliament.
Select the correct answer using the code given below :
- A1 and 3
- B1 and 2
- C1 only
- D2 and 3
Explanation
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the basic structure of the Constitution lies outside Parliament's amending power under Article 368, so statement 1 is correct. Parliament's constituent power is a derived, limited power, and it cannot be used to alter or destroy the basic structure, so statement 3 is incorrect. The power to change the basic structure could, in theory, be exercised by the people themselves acting through representatives in a new Constituent Assembly exercising original constituent power, so statement 2 is correct. Statements 1 and 2 are therefore correct. Hence option B is correct.