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The Supreme Court has held that federalism is part of the basic structure of the Constitution, meaning Parliament cannot amend the Constitution to destroy the federal balance between Union and States.
- True
- False
Answer: True
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) Kesavananda Bharati (1973): Basic structure includes features essential to constitutional identity; federalism (division of powers, State autonomy, judicial review of Centre-State disputes) integral to Indian constitutional design, (c) Implications: Parliament cannot amend Constitution to: (i) Abolish States, (ii) Transfer all powers to Union, (iii) Eliminate judicial review of federal disputes, (iv) Destroy State representation in Parliament, (d) Flexibility within limits: Amendments can adjust federal balance (e.g., GST changing tax powers) but cannot destroy core federal features. Illustrates constitutional federalism: adaptable framework protected by basic structure doctrine against fundamental alteration.