Question
Download Solution PDFConsider 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?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe 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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