Consider the following statements : 1. The doctrine of basic structure of the Constitution was propounded in the Keshwananda Bharti case. 2. Right to Property is not a part of the basic structure of the Constitution. 3. Only the Supreme Court and the High Courts have the right to decide whether any matter is a part of the basic structure of the Constitution. 4. The Parliament of India is not empowered to alter the basic structure of the Constitution. How many of the statements given above are correct?

Kesavananda Bharati case (1973)

• In Kesavananda Bharati vs. State of Kerala the Supreme Court, by a majority of 7 to 6, overruled the Golaknath judgment and held that Parliament can amend any part of the Constitution including the Fundamental Rights, but it cannot alter the basic structure of the Constitution. Hence, statements 1 and 4 are correct.
• The Court has not given an exhaustive list of the elements of the basic structure. Supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federal character, judicial review, free and fair elections and rule of law have been held to be part of it from time to time.
• The Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978 and is now only a legal right under Article 300A. It is not a part of the basic structure. Hence, statement 2 is correct.
• Whether a particular feature forms part of the basic structure is decided by the courts, that is, by the Supreme Court and the High Courts, in the exercise of judicial review. Hence, statement 3 is correct.