UPSC CSE Prelims
Basic Structure Doctrine Previous Year Questions (PYQs)

Detailed Explanation:

Answer: Option 4 — Neither 1 nor 2

Both statements are incorrect because they use the word 'defines' and 'provides', suggesting explicit mention in the Constitution, which is not the case. The basic structure doctrine and judicial review are both judicially evolved concepts derived from constitutional interpretation, not explicitly defined provisions.

❌ Statement 1 – Incorrect: The Constitution does not define its 'basic structure' anywhere in its text. The basic structure doctrine was judicially evolved by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973), identifying unamendable core features like federalism, secularism, and democracy.

❌ Statement 2 – Incorrect: The Constitution does not explicitly 'provide for' judicial review as a named power. Judicial review is an implicit power derived from Articles 13, 32, 226, and other provisions, enabling courts to examine the constitutionality of laws and executive actions.

📝 Short Notes: Basic Structure Doctrine and Judicial Review

Detailed Explanation:

Answer: Option 1 — 1 only

The Parliament of India can indeed place laws in the Ninth Schedule through constitutional amendments to protect them from judicial review. However, the protection is not absolute—after the I.R. Coelho judgment (2007), laws placed in the Ninth Schedule after April 24, 1973, can be challenged if they violate the Basic Structure of the Constitution.

✅ Statement 1 – Correct: Parliament has the power to place laws in the Ninth Schedule through constitutional amendments, as it did first through the First Amendment Act, 1951.

❌ Statement 2 – Incorrect: The validity of Ninth Schedule laws can be examined by courts if they violate the Basic Structure doctrine, especially those added after April 24, 1973 (as per Kesavananda Bharati and I.R. Coelho cases).

📝 Short Notes: Ninth Schedule of the Constitution

• Introduction: Added by the First Constitutional Amendment Act, 1951, to protect land reform and other laws from judicial review.
• Purpose: Laws placed in the Ninth Schedule are protected from being challenged on the ground of violation of Fundamental Rights under Part III.
• Kesavananda Bharati Case (1973): Established the Basic Structure doctrine, limiting Parliament's amending power.
• I.R. Coelho Case (2007): Supreme Court held that laws placed in the Ninth Schedule after April 24, 1973, can be subject to judicial review if they violate the Basic Structure of the Constitution.
• Current Status: The Ninth Schedule currently contains 284 Acts and Regulations (as amended up to the 103rd Amendment).
• Limitation: While the Ninth Schedule provides protection, it is not a blanket immunity—the doctrine of Basic Structure acts as a constitutional safeguard against arbitrary laws.