Basic Structure and Judicial Review
Question
Consider the following statements: Which of the statements given above is/are correct?
- 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.
Options
1 only
2 only
Both 1 and 2
Neither 1 nor 2
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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