UPSC Prelims 2020 · Question 23 of 100
UPSC Prelims 2020 question on Basic Structure Doctrine
Consider the following statements:
1. The Constitution of India defines its 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?
Show answer
Answer: B. 2 only
Verdict
Correct statement: 2 only → Option (b).
Statement by statement
Statement 1 – INCORRECT: In the Kesavananda Bharati case, the Supreme Court laid down a new doctrine of the 'basic structure' (or 'basic features') of the Constitution. It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the 'basic structure' of the Constitution. Features like Independent Judiciary, Secularism, Rule of law, Free and fair elections, Separation of Powers, Parliamentary system, etc. emerged as the part of Basic Structure. The Constitution does not define its structure explicitly in the way stated. Hence statement 1 is not correct.
Statement 2 – CORRECT: Judiciary is entrusted with the task of protecting rights of individuals. The Constitution provides two ways in which the Supreme Court can remedy the violation of rights: first, it can restore fundamental rights by issuing writs of Habeas Corpus, mandamus etc. (Article 32); second, the Supreme Court can declare the concerned law as unconstitutional and therefore non-operational (Article 13). The term judicial review is nowhere mentioned in the Constitution, but the fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights implicitly gives the Supreme Court the power of judicial review. Hence statement 2 is correct.