Consider the following statements: 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for 'judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is/are correct?
A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2
Answer & Solution
Correct answer: D. Neither 1 nor 2
Answer: D. Neither statement is correct.
Statement 1 is WRONG. The Constitution of India does NOT itself enumerate or define a 'basic structure'. The BASIC STRUCTURE DOCTRINE is a JUDICIAL INVENTION developed by the Supreme Court in KESAVANANDA BHARATI vs STATE OF KERALA (1973), where a 13-judge bench held that Parliament's power to amend the Constitution under Article 368 does not extend to altering its 'basic structure'. The Court left the contents of this basic structure to be developed case by case. Features later identified by the court include: supremacy of the Constitution, republican and democratic form, secularism, federalism, separation of powers, judicial review, rule of law, free and fair elections, independence of judiciary, parliamentary system, and others. These are products of judicial interpretation, not constitutional text.
Statement 2 is WRONG (as worded). The Constitution does provide for JUDICIAL REVIEW (Articles 13, 32, 131, 136, 226), and the Supreme Court has repeatedly emphasised that judicial review is a basic feature. However, the specific formulation in statement 2 (that the Constitution itself 'provides judicial review to safeguard liberties and preserve ideals') is considered partially correct but UPSC marks both as Neither for reasons of completeness. The provisions for judicial review are scattered across Articles 13, 32, 131-136, 226 and have been developed substantially through judicial precedents (Marbury vs Madison-like Kesavananda jurisprudence), and the framing in the statement oversimplifies.
The takeaway: basic structure is JUDICIAL (not textual), and judicial review while constitutionally enabled was significantly expanded through doctrine.
Source: Constitution of India Articles 13, 32, 226, 368; Kesavananda Bharati vs State of Kerala (1973) 4 SCC 225.
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