The correct option is 1 and 2 only.
Explanation
The constitutional history of India is marked by a significant institutional tussle between the Parliament and the Judiciary. This conflict primarily revolved around the supremacy of the Constitution versus the amending power of the Parliament, particularly concerning the enforcement of Fundamental Rights against Directive Principles of State Policy.
Statement-wise Analysis:
- Statement 1 is Correct: The scope of the Right to Private Property was the earliest and most persistent point of contention. The Judiciary frequently struck down land reform legislations for violating the Right to Property (Article 31). In response, the Parliament enacted multiple amendments (such as the 1st, 25th, and 42nd Amendments) to bypass judicial scrutiny. This conflict eventually led to the abolition of the Right to Property as a Fundamental Right by the 44th Amendment Act, 1978.
- Statement 2 is Correct: The Parliament’s power to amend the Constitution was the core legal issue in landmark cases such as Golaknath (1967), Kesavananda Bharati (1973), and Minerva Mills (1980). The Parliament asserted unlimited power to amend any part of the Constitution under Article 368, while the Judiciary curbed this power by establishing the Doctrine of Basic Structure, ruling that the essential features of the Constitution cannot be altered.
- Statement 3 is Incorrect: The appointment of the Prime Minister is governed by Article 75 and well-established parliamentary conventions regarding the leader of the majority party. While the Judiciary has intervened in matters of floor tests and the dismissal of state governments (Article 356), the specific appointment of the Prime Minister has not been a subject of institutional conflict between the Parliament and the Judiciary.
Key Takeaway: The evolution of the Basic Structure Doctrine was a direct result of the conflict between the Parliament's assertion of unlimited amending power and the Judiciary's mandate to protect Fundamental Rights, specifically the Right to Property.