Consider the following statements:
- The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
- 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?
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
| Concept | Key Details |
|---|---|
| Basic Structure Doctrine | Evolved in Kesavananda Bharati v. State of Kerala (1973); holds that certain fundamental features of the Constitution cannot be amended by Parliament under Article 368 |
| Core Elements | Supremacy of Constitution, Rule of law, Independence of judiciary, Federalism, Secularism, Separation of powers, Sovereign democratic republic |
| Judicial Review | Power of courts to examine constitutional validity of legislative enactments and executive orders |
| Constitutional Basis | Articles 13 (laws inconsistent with fundamental rights void), 32 (SC jurisdiction), 226 (HC jurisdiction), 131-136, 143, 246 |
| Types | Judicial review of constitutional amendments, legislative actions, and executive actions |
Question 1 of 2 Basic Structure Doctrine
Practice PYQ questions from this topic across all years
First question in this topic
Consider the following statements : The Parliament of India can place a particular...