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?
Answer & explanation
Answer: (d) Neither 1 nor 2
UPSC's official answer: (d) · the answer UPSC accepted, and the one that counts in the exam
Also defensible: (b)
- Statement 1 is wrong on any reading: the Constitution nowhere defines a 'basic structure'; the doctrine is the Supreme Court's (Kesavananda Bharati, 1973).
- Statement 2 puts 'judicial review' in quotes. The term does not occur in the Constitution ('The term judicial review is nowhere mentioned in the Constitution', NCERT), and UPSC's key reads 'provides for' as asking whether the text names it, so both statements fail and the answer is (d).
- In substance, however, the Constitution does provide for judicial review: Article 13(2) makes any law that abridges a Fundamental Right void 'to the extent of the contravention', and Article 32(1) guarantees the right to move the Supreme Court to enforce those rights. NCERT says these provisions 'implicitly' give the Court the power of judicial review, and courts strike down laws under them to safeguard liberties, which is what statement 2 says.
- Read for substance rather than for the term, statement 2 is correct and the answer is (b).
UPSC's key treats both statements as wrong because neither 'basic structure' nor 'judicial review' is a term the Constitution uses; read for substance, statement 2 holds and the answer is (b). In the exam, when a statement puts a term in quotes and says the Constitution 'defines' or 'provides for' it, UPSC is asking whether the term is in the text.
- NCERT Class 11 Indian Constitution at Work, Ch 6 Judiciary ↗“the fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights, implicitly gives the Supreme Court the power of judicial review”
- Constitution of India, Article 13(2) (Legislative Department) ↗“The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.”
- Constitution of India, Article 32(1) (Legislative Department) ↗“The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.”
This box is Minimalist IAS's analysis, with its sources; it does not change UPSC's answer.
Neither term is written into the Constitution. The 'basic structure' doctrine was laid down by the Supreme Court in Kesavananda Bharati (1973), and the phrase 'judicial review' appears nowhere in the Constitution: the power is implied from the written Constitution and from provisions such as Articles 13 and 32, not provided for by name. Both statements, which put the terms in quotes, are therefore incorrect.
- ✗ 1. The Constitution does not mention or define a 'basic structure'. The Supreme Court created the doctrine in 1973, and features such as federalism and secularism have been identified case by case by the courts.
- ✗ 2. The term 'judicial review' is not used in the Constitution. Courts derive the power from the written Constitution and from provisions that make laws violating Fundamental Rights void; the statement treats it as something the Constitution expressly provides.
Remember · Basic structure: a judge-made doctrine (Kesavananda Bharati, 1973), not listed in the Constitution. 'Judicial review' is also not a term in the Constitution; the power is implied.
📘 Read it in NCERT: Class 11 Indian Constitution at Work, Ch 9 (practise this chapter) · Class 11 Indian Constitution at Work, Ch 6 (practise this chapter)
Sources
- NCERT Class 11 · Indian Constitution at Work, Chapter 9 “If you read the Constitution, you will not find any mention of the 'basic structure' of the Constitution. Nowhere does the Constitution say that such and such are part of the basic structure.”
- NCERT Class 11 · Indian Constitution at Work, Chapter 6 “The term judicial review is nowhere mentioned in the Constitution. However, the fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights, implicitly gives the Supreme Court the power of judicial review.”
Question and answer: UPSC's official GS Paper I (2020, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 1 Oct 2026 (how we verify). ·