Question

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 1

(d) Neither 1 nor 2

The Supreme Court has defined the Basic structures.

The concept of 'basic structure' came into existence in the landmark judgment in the Kesavananda Bharati vs State of Kerala case in 1973. 

Hence Statement 1 is Not Correct.

Judicial Review refers to supervising the exercise of power by the judiciary of other government coordinating bodies with a view to ensuring that they remain within the limits set by the Constitution on their powers.

The judicial review doctrine is based on the principle of rule of law and separation of powers. Judicial review is the process for testing and balancing the separation of powers.

The Concept of Judicial Review is the basic principle of the Constitution in India.

Although there is no explicit provision in the Indian Constitution for judicial review, it is an integral part of our Constitution. 

Hence, statement 2 is incorrect.