Consider the following statements:
- The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
- 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?
[UPSC Civil Services Exam – 2020 Prelims]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
A: Option d
- The concept of ‘basic structure’ came into existence in the landmark judgment in the Kesavananda Bharati vs State of Kerala case in 1973. Hence Statement 1 is not Correct.
- Judicial Review refers to supervising the exercise of power by the judiciary of other government coordinating bodies with a view to ensuring that they remain within the limits set by the Constitution on their powers.
- The judicial review doctrineis based on the principle of rule of law and separation of powers. Judicial review is the process for testing and balancing the separation of powers.
- The Concept of Judicial Review is the basic principle of the Constitution in India. Although there is no explicit provision in the Indian Constitution for judicial review, it is an integral part of our Constitution. Hence, statement 2 is not correct.
- In the Kesavananda Bharati case verdict, the Supreme court did not define the term ‘basic structure’.
- It only listed a few principles — federalism, secularism, democracy — as being its part.
- The ‘basic structure’ doctrine has since been interpreted to include
- The supremacy of the Constitution,
- The rule of law,
- Independence of the judiciary,
- Doctrine of separation of powers,
- Sovereign democratic republic,
- The parliamentary system of government,
- The principle of free and fair elections,
- Welfare state, etc.