The correct option is It is a judicial invention not explicitly mentioned in the Constitution..
Explanation
The "Basic Structure" doctrine is a judicial principle developed by the Supreme Court of India. It holds that certain fundamental features of the Constitution are essential to its identity and cannot be altered or destroyed by Parliament through its amending powers under Article 368.Detailed Analysis:
- Judicial Invention: The doctrine is a judicial innovation that emerged from the landmark judgment in Kesavananda Bharati v. State of Kerala (1973). It is not explicitly mentioned in the text of the Constitution. Therefore, It is a judicial invention not explicitly mentioned in the Constitution. is correct.
- Original Text (1950): The original Constitution did not contain any reference to "Basic Structure." The concept evolved over time through conflicts between Fundamental Rights and Directive Principles. Thus, It was defined in the original 1950 text of the Constitution. is incorrect.
- 42nd Amendment (1976): The doctrine was established in 1973, prior to the 42nd Amendment. In fact, the Supreme Court used the Basic Structure doctrine in the Minerva Mills case (1980) to strike down sections of the 42nd Amendment that sought to exclude judicial review of constitutional amendments. Thus, It was added via the 42nd Constitutional Amendment. is incorrect.
- Venkatachaliah Commission: The National Commission to Review the Working of the Constitution (NCRWC), chaired by Justice M.N. Venkatachaliah, was set up in 2000, long after the doctrine was firmly established in Indian jurisprudence. Thus, It was proposed by the Venkatachaliah Commission. is incorrect.
Key Takeaway:
The Basic Structure doctrine is not found in the constitutional text but is a judicial interpretation derived from the Kesavananda Bharati judgment (1973) to limit Parliament's amending power.