The Constitution of India defines its Basic Structure
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?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: B
Explanation
The doctrine of basic features is neither defined nor mentioned anywhere in the Constitution. This doctrine was laid down by the Supreme Court in the landmark Keshavnand Bharati case. And even the Supreme Court is yet to define or clarify what all constitutes basic features, and the doctrine therefore, remains open ended. Hence, statement 1 is not correct.
The doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury versus Madison (1803) by John Marshall, the then chief justice of the American Supreme Court. In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). Judicial review is needed for the following reasons:
- To uphold the principle of the supremacy of the Constitution.
- To maintain federal equilibrium (balance between the Centre and the states)
- To protect the Fundamental Rights of the citizens.
Therefore, statement 2 is correct.
- Exam Year: 2020