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 ✓ UPSC's answer
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Why the answer is (b)
• Statement 1 is wrong: the Constitution nowhere defines a 'basic structure'; the doctrine was evolved by the Supreme Court in Kesavananda Bharati (1973) and its contents (federalism, secularism, democracy, judicial review, etc.) have been identified case by case.
• Statement 2 is correct: judicial review is provided by Articles 13, 32, 226, 131–136 and 246, enabling courts to strike down laws violating fundamental rights or the constitutional scheme.
• Judicial review itself has been held to be part of the basic structure (Minerva Mills, 1980).
• Hence 2 only, option (b).
Why the other options are wrong
- (a) 1 only
- Statement 1 is wrong: the Constitution does not define basic structure.
- (c) Both 1 and 2
- Statement 1 is wrong.
- (d) Neither 1 nor 2
- Statement 2 is correct: judicial review is a constitutional provision.
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.