Here is Question No. 13 a part of our series on UPSC Prelims 2020.
Q13. 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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: B
- Statement 1 is not correct: The Indian Constitution does not define the term ‘basic structure’. It is a judicial tool that was coined by the Supreme Court of India in the Kesavananda Bharati vs State of Kerala (1973) landmark judgment. 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.
- Statement 2 is correct: Article 13(2) of the Constitution prescribes that the Union or the States shall not make any law that takes away or abridges any of the fundamental rights, and any law made in contravention of the aforementioned mandate shall, to the extent of the contravention, be void. Thus, The Constitution itself provides for the judicial review to safeguard the citizen’s liberties and rights.
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