Question

UPSC Prelims 2020 Question:

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?

  1. 1. 1 only
  2. 2. 2 only
  3. 3. Both 1 and 2
  4. 4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 4: Neither 1 nor 2

Detailed Solution

Explanation:

  • The doctrine of basic features is neither defined nor mentioned anywhere in the Constitution of India. So, statement 1 is not correct.

  • The basic structure doctrine came into being through the landmark judgment by the Supreme Court in the Keshavananda Bharati case of 1973. The concept of basic structure limits Parliament’s power to introduce drastic amendments that may affect the core values of the Indian Constitution.

  • The Constitution of India itself confers the power of judicial review on the judiciary (both the Supreme Court and High court). However, it does not mention the term ‘judicial review’ explicitly anywhere in the Constitution of India. It is provided under Article 32 (writ jurisdiction of the Supreme Court) and Article 226 (writ jurisdiction of the High Courts). The provision of judicial review prevents the misuse of power by the legislature and executive. So, statement 2 is not correct.

Therefore, option (4) is the correct answer.

Subject: Polity | Doctrine of Basic Structure

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