UPSC Prelims 2020 Q13: Indian Polity – Constitutional Framework & Development
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 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: (d) Neither 1 nor 2
Explanation
Basic structure and judicial review
| Statement | Verdict | Reason |
|---|---|---|
| 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy | Incorrect | The Constitution nowhere defines basic structure; it is a doctrine laid down by the Supreme Court in Kesavananda Bharati (1973) |
| 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 | Incorrect (as per the UPSC key) | The words 'judicial review' appear nowhere in the Constitution; the power is drawn from Articles 13, 32 and 226 |
Note on Statement 2: many teachers read it as correct, because the power clearly exists.
UPSC's official key treats it as incorrect, since the Constitution does not state the term or its purpose in these words.
Basic structure in brief:
| Case | What it held |
|---|---|
| Kesavananda Bharati (1973) | Parliament can amend any part, but not the basic structure |
| Indira Gandhi v. Raj Narain (1975) | Free and fair elections are part of it |
| Minerva Mills (1980) | Judicial review and limited amending power are part of it |
| S.R. Bommai (1994) | Secularism and federalism are part of it |
Answer: (d) Neither 1 nor 2.
Why each option is right or wrong
- (a) Incorrect. The Constitution does not define basic structure; the Supreme Court developed it.
- (b) Incorrect. The UPSC key treats Statement 2 as wrong; 'judicial review' is not written in the Constitution.
- (c) Incorrect. Statement 1 is clearly false, since basic structure is a judicial doctrine.
- (d) CORRECT. Neither basic structure nor 'judicial review' is spelt out in the text of the Constitution.
Key point
Basic structure: judge-made (Kesavananda Bharati, 1973), not defined in the Constitution. Judicial review: not named in the text; flows from Articles 13, 32 and 226.
Remember
Basic structure and 'judicial review': neither term is in the Constitution.
Common mistakes
- Thinking the Constitution itself lists the basic structure features.
- Marking Statement 2 right because judicial review exists in practice; the wording 'provides for' is the trap.
- Confusing what the courts have held with what the text of the Constitution says.
Exam tip
When a statement says 'the Constitution defines' or 'provides for', ask whether the words are in the text. Doctrines made by courts are not.
Sources
- Kesavananda Bharati v. State of Kerala (1973) — Supreme Court of India
- Constitution of India — Articles 13, 32 and 226