Question

Write the names of any two elements of ‘fundamental structure’ of the Constitution of India.

Hint:

The fundamental structure doctrine preserves core constitutional values.

Answer 1

Write the names of any two elements of the ‘fundamental structure’ of the Constitution of India.

The "Fundamental Structure" of the Constitution of India refers to the basic features that cannot be amended or altered by the Parliament through the normal process of amendment. These elements were identified by the Supreme Court of India in several landmark judgments, particularly in the Kesavananda Bharati case (1973). Here are two key elements of the fundamental structure:

1. Judicial Review

Judicial review is a fundamental element of the Constitution of India. It allows the judiciary to review laws passed by the legislature and executive actions to ensure they conform to the Constitution. This ensures that no law or action violates the Constitution and protects fundamental rights.

2. Separation of Powers

The separation of powers between the executive, legislature, and judiciary is a key element of the fundamental structure. This principle ensures that the powers of government are divided into three distinct branches, each with its own responsibilities and limits, preventing the concentration of power in one branch.

These elements are essential for preserving the integrity and democratic functioning of the Indian Constitution and cannot be altered by Parliament through constitutional amendments.