Q. Consider the following statements: - The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy.
- 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? (UPSC Prelims 2020)
Answer:
Neither 1 nor 2
Notes: The correct answer is
[D] Neither 1 nor 2. This question clarifies the distinction between concepts present in the Constitution and those evolved through judicial interpretation.
- Statement 1 – Incorrect: The Constitution of India does not define the 'basic structure'. The doctrine of "Basic Structure" is a judicial innovation introduced by the Supreme Court in the Kesavananda Bharati case (1973). While federalism, secularism, and democracy are recognized as part of this structure, the term itself is not mentioned or defined anywhere in the constitutional text.
- Statement 2 – Incorrect: The Constitution of India does not explicitly use the term 'judicial review'. Although the power of judicial review is derived from various articles—such as Article 13 (laws inconsistent with fundamental rights), Article 32 (Supreme Court writs), and Article 226 (High Court writs)—the specific phrase "provides for judicial review" as a defined mechanism for safeguarding liberties is technically a matter of judicial interpretation rather than an explicit constitutional clause.
In summary, while both "Basic Structure" and "Judicial Review" are vital pillars of Indian polity, they are functionally active through the "procedure established by law" and "due process" rather than being explicitly defined or named within the original articles of the Constitution.