Previous Year Question
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?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. The Constitution of India does not contain an Article or a definite list defining its “basic structure.” The basic-structure doctrine was developed by the Supreme Court through constitutional interpretation.
In Kesavananda Bharati v. State of Kerala, 1973, the Supreme Court held that Parliament possesses wide power to amend the Constitution under Article 368, but it cannot destroy or alter the basic structure of the Constitution.
The Court did not prescribe a final and exhaustive list. Through different judgments, the following features have been recognised as elements of the basic structure:
Supremacy of the Constitution;
Republican and democratic form of government;
Secularism;
Federal character;
Separation of powers;
Rule of law;
Judicial review;
Independence of the judiciary;
Free and fair elections;
Balance between Fundamental Rights and Directive Principles;
Limited nature of Parliament’s amending power.
Federalism, secularism, democracy and Fundamental Rights may consequently relate to the basic structure, but the Constitution itself does not define the basic structure in these terms. Therefore, Statement 1 is incorrect.
Statement 2 is correct. Although the Constitution does not provide a single definition of the expression “Judicial Review,” several constitutional provisions clearly establish the power of judicial review.
Article 13 declares a law violating Fundamental Rights void to the extent of the contravention. Article 32 empowers the Supreme Court and Article 226 empowers the High Courts to issue writs for enforcing rights. Articles 131 to 136 deal with different jurisdictions of the Supreme Court.
Through judicial review, constitutional courts examine whether:
A legislature has enacted a law within its constitutional legislative competence;
A law violates Fundamental Rights;
Executive action conforms to the Constitution and the law;
A constitutional amendment damages the basic structure of the Constitution.
Judicial review therefore protects citizens’ liberties, keeps governmental powers within constitutional limits and preserves the foundational ideals of the Constitution.