Vedadots
Q13·GS Paper 1 · Prelims 2020

Basic Structure and Judicial Review

PolityJudiciary & Legal FrameworkStatement-basedMediumStatic

Question

Consider the following statements: Which of the statements given above is/are correct?

  1. 1.

    The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy.

  2. 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.

Options

a

1 only

b

2 only

c

Both 1 and 2

d

Neither 1 nor 2

Answer

Explanation

The 'Basic Structure' doctrine is a judicial innovation formulated in the Kesavananda Bharati case (1973) and is nowhere defined in the Constitution (Statement 1 is incorrect). While the Constitution empowers courts (e.g., Article 13, 32, 226), the exact phrase 'judicial review' is neither defined nor explicitly mentioned as a standalone provision in the manner stated; UPSC interpreted this strict textual absence to mark Statement 2 as incorrect. > One-line conceptual takeaway: Many core democratic safeguards in India evolved through judicial interpretation rather than explicit constitutional definitions. Answer: (d).

Question details

Year

2020

Paper

GS Paper 1

Question

Q13

Subject

Polity

Sub-topic

Judiciary & Legal Framework

Type

Statement-based

Difficulty

Medium

Nature

Static

Source hint

Kesavananda Bharati case / Basic concepts

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