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Q83 (IAS/2020) Polity & Governance › Judiciary › Basic structure doctrine Official Key

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 ?

Result
Your answer: —  ·  Correct: D
Explanation

The correct answer is Option 4 (Neither 1 nor 2) because both statements are technically inaccurate regarding the text of the Constitution.

  • Statement 1 is incorrect: The term "Basic Structure" is not defined or even mentioned in the Constitution of India. It is a judicial innovation introduced by the Supreme Court in the Kesavananda Bharati case (1973). While federalism and secularism are part of this structure, their classification as such comes from judicial interpretation, not a constitutional definition.
  • Statement 2 is incorrect: Although the power of judicial review is an integral part of our constitutional system (derived from Articles 13, 32, 131-136, and 226), the specific phrase "Judicial Review" is nowhere explicitly mentioned or "provided for" as a defined term within the text of the Constitution of India.

Since the Constitution neither defines "basic structure" nor explicitly uses the term "judicial review," both statements are factually wrong in a strict constitutional sense.

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundam…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 5/10
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This is a classic 'Text vs. Interpretation' trap. Statement 1 tests if you know that 'Basic Structure' is a judicial invention (Kesavananda Bharati), not a constitutional text. Statement 2 is standard static polity found in Laxmikanth. The strategy is simple: The Constitution is a rulebook, not a dictionary; it rarely 'defines' abstract concepts.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does the Constitution of India define its "basic structure" as federalism, secularism, fundamental rights and democracy?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy."
Why this source?
  • Passage explicitly states the Constitution 'defines' its basic structure using the exact four terms in the statement.
  • The wording in the passage matches the statement verbatim, providing direct support.
  • The source is a polity/Constitution document excerpt that asserts this definition.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > ELEMENTS OF THE BASIC STRUCTURE > p. 128
Strength: 4/5
“j ELEMENTS OF THE BASIC STRUCTURE The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the 'basic structure' of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the 'basic structure' of the Constitution. From the various judgements, the following have emerged as (basic features' of the Constitution or elements of the 'basic structure' of the constitution: | 1. Supremacy of the Constitution | 2. Sovereign, democratic and republican nature of the Indian polity | 3. Secular character of the Constitution | 4.”
Why relevant

Gives a published list of 'elements of the basic structure' including 'sovereign, democratic and republican nature' and 'secular character', showing courts/textbooks treat these concepts as elements.

How to extend

A student could compare this list with the statement's items to see overlap (secularism, democracy) and check for mention of federalism/fundamental rights elsewhere.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > Table 12.1 Evolution of the Basic Structure of the Constitution > p. 130
Strength: 5/5
“130 M Indian Polity | SI. No.: 13.; Name of the Case (Year): S.R. Bommai Case17 (1994); Elements of the Basic Structure (As Declared by the Supreme Court): 1. Federalism 2. Secularism 3. Democracy 4. Unity and integrity of the nation 5. Social justice 6. Judicial review | SI. No.: 14.; Name of the Case (Year): L. Chandra Kumar Case18 (1997); Elements of the Basic Structure (As Declared by the Supreme Court): Powers of the High Courts under Articles 226 and 227 <sup>17</sup>S.R. Bommai vs. Union of India (1994)<br><sup>18</sup>L. Chandra Kumar vs. Union of India (1997) <sup>19</sup>Indra Sawhney II vs.”
Why relevant

Summarises the S.R. Bommai judgment which explicitly names 'Federalism', 'Secularism' and 'Democracy' as elements of the basic structure.

How to extend

Use the Bommai listing to support or test the presence of those three terms in the claimed definition by checking other case lists or primary sources.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 97
Strength: 5/5
“The Fundamental Rights form the basic structure of the Constitution. Any law that abrogates or abridges such rights would be violative of the doctrine of basic structure. Article 32 being a fundamental right, it is the duty of the court to ensure that no fundamental right is contravened or abridged by any statutory or constitutional provision. 30 , . A violation of separation of powers need not rise to such a level that the Apex Court considers it an abrogation of the basic structure. It is important to note that separation of powers between three organs—the Legislature, Executive and the Judiciary—is also nothing but a consequence of principles of equality enshrined in Article 14 of the Constitution of India.”
Why relevant

States that 'The Fundamental Rights form the basic structure of the Constitution', linking fundamental rights to the doctrine.

How to extend

Combine this with lists of basic-structure elements to assess whether 'fundamental rights' are commonly treated as part of the basic structure.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 9: CONSTITUTION AS A LIVING DOCUMENT > Contribution of the Judiciary > p. 214
Strength: 5/5
“The success of the working of the Indian Constitution lies in resolving these tensions. The Judiciary, in its famous Kesavananda ruling found a way out of the existing complications by turning to the spirit of the Constitution rather than its letter. 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. In this sense, the 'basic structure' theory is the”
Why relevant

Explains that the phrase 'basic structure' does not appear in the text of the Constitution and is a judicial doctrine arising from case law.

How to extend

A student could use this to infer that any 'definition' must come from judicial rulings or commentary rather than the constitutional text itself, so check landmark judgments for authoritative lists.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > II Secular > p. 44
Strength: 3/5
“Although the words 'secular state'\<sup>9\</sup>' were not expressly mentioned in the Constitution, there can be no doubt that Constitution-makers wanted to establish such a state and accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution. The Indian Constitution embodies the positive concept of secularism, i.e. all religions in our country (irrespective of their strength) have the same status and support from the state<sup>10</sup>”
Why relevant

Describes the Constitution's secularism (Articles 25–28) and the framers' intent, supporting secularism's centrality in constitutional structure.

How to extend

Use this operational evidence (rights and articles) to correlate why secularism would be regarded as a basic-structure element in judicial/academic lists.

Statement analysis

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