UPSC Prelims 2020 GS Paper I · Q13 / 97 Polity & Governance medium

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. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2 ✓ UPSC's answer

Why the answer is (d)

• Statement 1 is wrong: the Constitution nowhere defines a 'basic structure'. The doctrine was created by the Supreme Court in Kesavananda Bharati (1973), and its elements (federalism, secularism, democracy, judicial review, etc.) have been identified case by case.

• Statement 2 is also treated as wrong: the Constitution does not expressly use or 'provide for' judicial review in these terms. The power is inferred by the courts from Articles 13, 32, 131–136 and 226, and the aim of 'preserving the ideals on which the Constitution is based' comes from the courts' basic-structure reasoning, not from the constitutional text.

• UPSC's official answer key gives (d).

• Hence neither 1 nor 2, option (d).

Why the other options are wrong

(a) 1 only
Statement 1 is wrong: the Constitution does not define basic structure.
(b) 2 only
Judicial review is not expressly provided for in the Constitution in these terms; the official key rejects statement 2 too.
(c) Both 1 and 2
Neither statement is accepted by the official key.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2020, held on 4 October 2020. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

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