Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
Which statement correctly reflects the Supreme Court's view on federalism as part of the basic structure?
- Federalism can be abolished by constitutional amendment if Parliament so decides
- Federalism is part of basic structure; Parliament cannot amend Constitution to abolish States or destroy State autonomy in defined domains
- Federalism applies only to legislative powers, not executive or financial powers
- States have unlimited autonomy; Union cannot legislate on any State List subject
Answer: Federalism is part of basic structure; Parliament cannot amend Constitution to abolish States or destroy State autonomy in defined domains
Federalism as basic structure: (a) SR Bommai (1994): Explicitly held federalism part of basic structure; State governments have constitutional status; President's Rule subject to judicial review, (b) Core federal features as basic structure: (i) Division of powers (Seventh Schedule), (ii) State autonomy in defined legislative/executive domains, (iii) Judicial review of Centre-State disputes, (iv) State representation in Parliament (Rajya Sabha), (v) Financial federalism (Finance Commission, tax devolution), (c) Unamendable core: Parliament cannot amend Constitution to: (i) Abolish States or merge them without democratic process, (ii) Transfer all powers to Union, destroying State legislative/executive domains, (iii) Eliminate judicial review of federal disputes, (iv) Destroy State representation in Parliament or Rajya Sabha's federal role, (d) Applications: (i) Article 370 judgment: Upheld Union power to abrogate temporary provision but directed democratic restoration, preserving federal balance, (ii) GST amendment: Required State ratification under Article 368 proviso, respecting federal safeguard, (iii) Water disputes: Judicial review ensures State rights balanced with national interest, (e) Flexibility within limits: Amendments can adjust federal balance (e.g., GST changing tax powers) but cannot destroy core federal features (State autonomy, division of powers, judicial mediation), (f) Illustrates constitutional federalism: Adaptable framework protected by basic structure doctrine against fundamental alteration; balance between Union supremacy in national interest and State autonomy in defined domains.