Q23.
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?
Answer
B
Explanation
Statement 1 is not correct: In the Kesavananda Bharati case, the Supreme Court laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution. It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution. From the various judgements, features like Independent Judiciary, Secularism, Rule of law, Free and fair elections, The principle of Separation of Powers, Parliamentary system, The "essence" of other Fundamental Rights in Part III, The Sovereign, Democratic, Republican structure etc. emerged as the part of Basic Structure. Statement 2 is correct: Judiciary is entrusted with the task of protecting rights of individuals. The Constitution provides two ways in which the Supreme Court can remedy the violation of rights.