Correct Option
The correct option is 1 and 2 only.
Explanation
The Basic Structure Doctrine is a judicial innovation propounded by the Supreme Court of India in the landmark Kesavananda Bharati case (1973). It establishes that while Parliament possesses the power to amend the Constitution under Article 368, this power is not absolute and cannot be exercised to alter or destroy the essential features or the "basic structure" of the Constitution.
Statement-wise Analysis
- Statement 1 is Correct: The fundamental purpose of the Basic Structure doctrine is to place implied limitations on the amending power of Parliament. The Supreme Court ruled that Parliament’s constituent power is limited and cannot be used to abrogate the core identity of the Constitution.
- Statement 2 is Correct: The Judiciary acts as the final authority in interpreting the Constitution. It is the prerogative of the Supreme Court to decide, on a case-by-case basis, whether a particular amendment violates the basic structure.
- Statement 3 is Incorrect: The concept of "Basic Structure" is not explicitly defined or mentioned in the text of the Constitution, nor is it found in Article 368. It is a judicial invention derived from the spirit and philosophy of the Constitution to prevent the misuse of amendment powers.
Key Takeaway: The Basic Structure doctrine is a judicial check on Parliament's amending power, ensuring the Constitution's fundamental identity remains intact. It is not a textual provision but a judicial principle established by the Supreme Court.