Consider the following statements: 1. The Constitution of India defi

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?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2020
The correct answer is B) 2 only.
Statement 1 is incorrect: The Constitution of India does not explicitly define its ‘basic structure’. The concept of ‘basic structure’ was propounded by the Supreme Court in the landmark Kesavananda Bharati case (1973) to limit the Parliament’s power to amend the Constitution. The Court has, over various judgments, identified certain elements (like federalism, secularism, democracy, judicial review, etc.) as part of the basic structure, but the definition is judicial, not constitutional text.
Statement 2 is correct: The Constitution of India explicitly provides for judicial review. Articles like 13, 32, and 226 empower the higher courts (Supreme Court and High Courts) to review laws and executive actions to ensure they are in conformity with the Constitution, especially the Fundamental Rights. This power is a crucial safeguard for citizens’ liberties and helps preserve the principles upon which the Constitution is based.
Judicial review is considered a fundamental feature of the Indian Constitution. It allows the judiciary to strike down laws or actions that are ultra vires the Constitution. The basic structure doctrine itself is an example of judicial review being used to preserve the fundamental framework of the Constitution.
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