Prelims 2020 · Polity and Constitution · Question 23
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?
Answer
2 only
Statement 1: Incorrect. The Constitution does not explicitly define or list its 'basic structure'. The Basic Structure doctrine was evolved by the Supreme Court in Kesavananda Bharati (1973), though features like federalism, secularism, fundamental rights and democracy are part of it.
Statement 2: Correct. The Constitution provides for judicial review through provisions such as Articles 13, 32, 131-136, 143, 226, 227 etc., enabling courts to protect rights and preserve constitutional principles.
Therefore, only Statement 2 is correct.