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

Explanation:

Basic structure entails the values and principles that form the core of a constitution. These values and principles are essential since they define the Constitution’s nature. Once they are separated, the constitution, by implication, loses its identity. Given their critical importance, they can never be divorced from the constitution.

In India, the idea of basic structure is a judicial invention attributed to MK Nambyar, a lawyer who pleaded before the Supreme Court in IC Golaknath vs. the State of Punjab in 1967.

The basic structure doctrine evolved in India in the course of a series of judicial verdicts. 

The majority verdict in the Keasavanand Bharti case upheld the view that there were features which constituted the core of the constitution and could never be abrogated, though there was hardly a compact list of basic features. The judges gave their own lists of essential features which, of course, are fundamental to the Constitution. The lists are as follows:

In Justice Sikri’s conceptualisation :

• Supremacy of the Constitution
• Republican and democratic form of government
• Secular character of the constitution
• Separation of powers between the legislature, executive and the judiciary
• Federal character of the Constitution

According to Justice AN Grover and Justice SJ Shelat :

• The mandate to build a welfare state contained in the Directive Principles of State Policy
• Unity and integrity of the nation

Justice KS Hegde and Justice SN Mukherjee:

• Sovereignty of India
• Democratic character of the polity
• Unity of the country
• Essential features of the individual freedoms secured to the citizens
• Mandate to build a welfare state

Justice Jaganmohan Reddy listed the following:

• Sovereign democratic republic
• Provisions for social and political justice
• Liberty of thought, expression, belief, faith and worship
• Equality of status and opportunity

Hence, statement 1 is incorrect.

The notion of judicial review has been invented by the Courts in various parts of the world to test the constitutionality of the laws made by the Legislature and the orders issued by the Executive, so that the supremacy of the Constitution may be kept intact.

Judicial review refers to the power of the Court to examine the constitutional validity of the laws made by the Legislature and the orders issued by the Executive, after which if it finds them contrary to the provision of the Constitution, may declare them as null and void.

The power of judicial review of the Courts has never been explicitly mentioned in the Constitution either in the United States or in India. It is by way of implication in either discharging certain functions or interpreting certain provisions of the Constitution that the power of judicial review has been acquired by the Courts. For instance, in the United States, it was in the famous case of Marbury vs Madison that the Chief Justice Marshall declared that the Supreme Court determined the constitutionality or otherwise of laws, federal or state, and this power with the Court was a necessary consequence of the Constitution. Otherwise, the declaration of the Supremacy of the Constitution had no meaning. In the case of the Indian Constitution, the founding fathers avoided the mention of the power of the judicial review of the Court but designed certain provisions of the Constitution in such a way that their implementation would necessarily dovetail with the court’s power of judicial review to ward off the violations of such provisions.

Hence, statement 2 is incorrect.