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 has a provision 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?

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UPSC Civil Services Exam (Prelims) GS Official Paper-I (Held On: 2020)
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  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 4 : Neither 1 nor 2
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The Correct Answer is option 4.
Key Points'Basic Structure':

  • Definition:
    • The Supreme Court established the concept of 'basic structure' in the landmark Kesavananda Bharati vs. State of Kerala case (1973).
    • However, it did not explicitly define it in terms of federalism, secularism, fundamental rights, and democracy.
    • Instead, it indicated these as components that may constitute the basic structure.
    • Hence, Statement 1 is incorrect.
  • Provision for Judicial Review:
    • While the Constitution does not explicitly state the provision for judicial review, it is considered an integral part of the Constitution.
    • Judicial review is implied through the interpretation of various articles, primarily to ensure that the actions of the legislature and executive are within constitutional limits.
    • It aims to safeguard citizens' liberties and maintain the rule of law, but it is not framed as a provision specifically for preserving the ideals on which the Constitution is based.
    • Hence, Statement 2 is incorrect.

Additional Information

  • The Kesavananda Bharati case did not provide a clear definition of 'basic structure' but listed principles such as federalism, secularism, and democracy as part of it.
  • The basic structure doctrine has evolved to include additional principles like the supremacy of the Constitution, the rule of law, and the independence of the judiciary.
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