Question 91 from UPSC CSE 2020 - POLITY & GOVERNANC E

Question

Consider the following statements:
1. The Constitution of India defines its 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?

Accepted Answer

Correct Option: B. 2 only

Strategy: Identify the precise wording: Statement 1 wrongly implies that the Constitution explicitly 'defines' its structure using terms like federalism, secularism, etc., but these are understood as part of its basic structure by judicial pronouncements, not as formally laid down in a specific constitutional definition. Statement 2 relates to judicial review, which is not directly named but is provided for through articles like 32 and 13. Recalling this, only Statement 2 stands correct. Avoid the trap of over-interpreting 'definition' or assuming judicial doctrine is constitutionally explicit.

Key Info: ## Constitutional Principles in India

### Basic Structure Doctrine
The Constitution of India does not explicitly or formally 'define' terms like 'federalism', 'secularism', 'fundamental rights', and 'democracy' in its text. Instead, these have been recognized as core 'basic structure' features by the Supreme Court, notably in cases such as Kesavananda Bharati v. State of Kerala (1973). This doctrine asserts that certain fundamental features of the Constitution are unamendable by Parliament under Article 368. Recognized features include federal character, secularism, separation of powers, the rule of law, free and fair elections, the parliamentary system, and the essence of fundamental rights, among others.

### Judicial Review
Judicial review is the power of courts to examine the constitutionality of legislative and executive acts. While the term 'judicial review' does not appear verbatim in the Indian Constitution, its spirit is embodied in Articles 13, 32, 131--136, 143, 226, and 246. These articles enable the higher Judiciary (Supreme Court and High Courts) to review and strike down laws and executive actions that violate fundamental rights. Article 32 empowers the Supreme Court to issue writs for enforcing fundamental rights, which B.R. Ambedkar called the 'heart and soul of the Constitution'. Article 226 extends similar powers to High Courts, safeguarding citizens' liberties and underpinning constitutional ideals like the rule of law and limited government.

### Key Aspects of Constitutional Interpretation
Secularism was added to the Preamble by the 42nd Amendment (1976). However, foundational features such as federalism and democracy arise from the Constitution's overall structure and operation, rather than explicit textual definitions. Judicial doctrines evolve through interpretation and landmark judgments, not through statutory definitions.

Answer

Option A: 1 only

Answer

Option C: Both 1 and 2

Answer

Option D: Neither 1 nor 2