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?
Correct Answer :
Neither 1 nor 2
Solution :
The correct option is Neither 1 nor 2.
Let us analyze the statements step-by-step to understand why both are incorrect:
Analysis of Statement 1:
The Constitution of India does not define or even mention the term 'basic structure'. The concept of 'basic structure' is a judicial innovation developed by the Supreme Court of India in the historic Kesavananda Bharati v. State of Kerala case in 1973. Under this doctrine, the Supreme Court ruled that while the Parliament has wide powers to amend the Constitution under Article 368, it cannot alter, damage, or destroy its essential features or 'basic structure' (such as federalism, secularism, democracy, and fundamental rights). Since the text of the Constitution itself does not define or mention this term, Statement 1 is incorrect.
Analysis of Statement 2:
The Constitution of India does not explicitly define or use the phrase 'judicial review'. Although the power of judicial review is implicitly granted to the judiciary through various provisions—such as Article 13 (which declares laws inconsistent with fundamental rights to be void), Article 32 (right to move the Supreme Court for enforcement of rights), and Article 226 (power of High Courts to issue writs)—the actual term 'judicial review' is nowhere explicitly written or defined in the Constitution. Therefore, Statement 2 is also incorrect.
Conclusion:
Since both Statement 1 and Statement 2 are historically and textually incorrect, the correct answer is Neither 1 nor 2.
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