Indian Polity : Basic Structure Of The Constitution

Q 3 / 3

UPSC CSE Prelims 2020

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?

EXPLANATION

Correct Option (d)

Explanation

Statement 1 is incorrect. The Constitution of India does not explicitly define its 'basic structure'. The Basic Structure Doctrine was propounded by the Supreme Court in the Kesavananda Bharati case (1973). While elements such as federalism, secularism, fundamental rights, and democracy are recognized as integral to this doctrine, the Constitution itself does not enumerate or define them as 'basic structure'.

Statement 2 is incorrect. The Constitution of India incorporates the principle of 'judicial review', though it is not explicitly mentioned by name in a single article. Various articles (e.g., 13, 32, 131-136, 226, 227) collectively confer this power upon the judiciary. While judicial review inherently safeguards citizens' liberties by upholding constitutional principles and protecting fundamental rights, the Constitution does not explicitly state its purpose as 'to safeguard the citizens' liberties and to preserve the ideals on which the constitution is based'. Its function is to review the constitutionality of legislative and executive actions.

Incorrect Options

Option (a) 1 only: This is incorrect as statement 1 is factually inaccurate regarding the constitutional definition of 'basic structure'.

Option (b) 2 only: This is incorrect as statement 2 attributes an explicit constitutional declaration of purpose for judicial review that is not directly stated in the Constitution.

Option (c) Both 1 and 2: This is incorrect as neither statement is factually accurate.

SOURCEIndian Polity by M. Laxmikanth, Chapter 11: Basic Structure of the Constitution