Consider the following statements: 1. The Constitution of India defines its basic structure in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India has a provision 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 or are correct?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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Explanation
The correct answer is D, neither 1 nor 2. Statement 1 is wrong because the Constitution nowhere uses the expression basic structure or defines it. The doctrine is a creation of the Supreme Court in Kesavananda Bharati in 1973, and the courts have added features to it case by case, which is why no closed list exists. Statement 2 is wrong as it stands because the Constitution contains no provision that declares judicial review with such a purpose written into it; the power flows from provisions such as Articles 13, 32, 131 to 136, 226 and 246, and the language about safeguarding liberties and preserving ideals is the language of judgments and commentaries, not of the text.
Option A and Option B are therefore wrong, each accepting one of the two flawed statements, and Option C is wrong because it accepts both. The lesson for statement based questions is to be strict about the words defines and provision: a doctrine developed by the courts is not a definition given by the Constitution.