Q. 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?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Correct Answer : d) Neither 1 nor 2
Question from UPSC Prelims 2020 GS Paper
Explanation:
The Basic Structure of the Constitution of India
The Constitution of India does not explicitly define its ‘basic structure’. The concept of the ‘basic structure’ of the Constitution was evolved by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.
In this case, the Supreme Court ruled that while the Parliament has wide powers to amend the Constitution, it cannot alter the basic structure of the Constitution. The Court did not provide an exhaustive list of features constituting the basic structure but mentioned a few examples such as federalism, secularism, fundamental rights, and democracy, among others.
Therefore, the statement that the Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights, and democracy is incorrect because it is the interpretation of the Supreme Court, not a definition provided by the Constitution itself.
Judicial Review in the Indian Constitution
The term “judicial review” itself is not explicitly mentioned in the text of the Indian Constitution. However, the power of judicial review is implicitly enshrined within various provisions of the Constitution, making it a fundamental aspect of the Indian legal system.
