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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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PROVENANCE & STUDY PATTERN
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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

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 2
Does the Constitution of India provide for judicial review to safeguard citizens' liberties and to preserve the ideals on which the Constitution is based?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > p. 297
Presence: 5/5
“In a number of cases, the Supreme Court has pointed out the significance of the power of judicial review in our country. Some of the observations made by it, in this regard, are given below: 'In India it is the Constitution that is supreme and that a statute law to be valid, must be in conformity with the constitutional requirements and it is for the judiciary to decide whether any enactment is constitutional or not.' "Our constitution contains express provisions for judicial review of legislation as to its conformity with the constitution. This is especially true as regards the Fundamental Rights, to which the court has been assigned the role of sentinel on the qui vive".”
Why this source?
  • Affirms supremacy of the Constitution and assigns judiciary the task of deciding validity of statutes
  • Specifically links judicial review to protection of Fundamental Rights and describes courts as 'sentinel on the qui vive'
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
Presence: 5/5
“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. Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list.”
Why this source?
  • Explains that while the term 'judicial review' is not in the text, the Supreme Court can strike down laws that contravene Fundamental Rights
  • Notes the Court’s power extends to federal relation conflicts when laws conflict with constitutional distribution of powers
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
Presence: 5/5
“t SCOPE OF JUDICIAL REVIEW The constitutional validity of a legislative enactment or an executive order can be challenged in the Supreme Court or in the High Courts on the following three grounds. • (a) it infringes the Fundamental Rights (Part III), • (b) it is outside the competence of the authority which has framed it, and • (c) it is repugnant to the constitutional provisions. From the above, it is clear that the scope of judicial review in India is narrower than what exists in the USA, though the American Constitution does not explicitly mention the concept of judicial review in any of its provisions.”
Why this source?
  • Sets out the scope/grounds of judicial review, including infringement of Fundamental Rights
  • Directly ties judicial review to checking legislative and executive action for constitutional repugnancy and excess of competence
Pattern takeaway: UPSC loves to attribute 'Judicial Inventions' to the 'Constitutional Text'. If the source of a concept is a Supreme Court judgment (like Basic Structure or Collegium), the Constitution does not define it.
How you should have studied
  1. [THE VERDICT]: Statement 1 is a TRAP (Constitution does not define Basic Structure). Statement 2 is a SITTER (Laxmikanth Ch 27). Answer is B.
  2. [THE CONCEPTUAL TRIGGER]: Distinction between 'Constitutional Provisions' (Written Text) and 'Constitutional Law' (Judicial Doctrines).
  3. [THE HORIZONTAL EXPANSION]: Terms NOT defined in the Constitution: 'Basic Structure', 'Judicial Review' (phrase not used, concept implied), 'Federation' (uses Union of States), 'Untouchability', 'Minority', 'Martial Law', 'Office of Profit', 'Violation of the Constitution'.
  4. [THE STRATEGIC METACOGNITION]: Whenever a statement says 'The Constitution DEFINES [Abstract Concept]', be hyper-skeptical. The Constitution defines administrative terms (like 'State' in Art 12), not political philosophies.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Basic Structure Doctrine (judicial origin)
💡 The insight

The basic structure is a judicial doctrine and the Constitution contains no explicit definition of 'basic structure'.

High-yield: explains the limit on Parliament's amendment power and anchors questions on constitutional amendments and judicial review. Mastery helps in answering questions on Kesavananda, Article 368 limits, and the judiciary's role in protecting constitutional identity.

📚 Reading List :
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 9: CONSTITUTION AS A LIVING DOCUMENT > Contribution of the Judiciary > p. 214
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > ELEMENTS OF THE BASIC STRUCTURE > p. 128
🔗 Anchor: "Does the Constitution of India define its "basic structure" as federalism, secul..."
📌 Adjacent topic to master
S1
👉 Court‑identified elements: Federalism, Secularism, Democracy, Fundamental Rights
💡 The insight

The Supreme Court has declared features such as federalism, secularism, democracy and fundamental rights to be part of the basic structure.

High-yield: enables precise listing and explanation of judicially recognized basic features for both prelims and mains. Connects to cases like S.R. Bommai and discussions on Centre–State relations, secularism and rights protection.

📚 Reading List :
  • 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
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > ELEMENTS OF THE BASIC STRUCTURE > p. 128
  • 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
🔗 Anchor: "Does the Constitution of India define its "basic structure" as federalism, secul..."
📌 Adjacent topic to master
S1
👉 Supremacy of the Constitution and limits on amendment (Article 368)
💡 The insight

Supremacy of the Constitution and restriction on Parliament's amending power are central to the basic structure doctrine.

High-yield: essential for essays and answers on why certain amendments can be struck down, linking judicial review, separation of powers and the protection of fundamental rights. Useful across polity, governance and constitutional law questions.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > ELEMENTS OF THE BASIC STRUCTURE > p. 128
  • 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
  • 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
🔗 Anchor: "Does the Constitution of India define its "basic structure" as federalism, secul..."
📌 Adjacent topic to master
S2
👉 Judicial review as protector of Fundamental Rights
💡 The insight

Judicial review is the mechanism used to strike down laws that infringe Fundamental Rights and thereby safeguard citizens' liberties.

High-yield for UPSC: directly ties Fundamental Rights to judicial remedies; connects to constitutional safeguards, landmark cases, and questions on rights protection. Mastering this helps answer questions on rights enforcement, limits on legislative power, and remedies available to citizens.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > p. 297
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
🔗 Anchor: "Does the Constitution of India provide for judicial review to safeguard citizens..."
📌 Adjacent topic to master
S2
👉 Grounds and scope of judicial review
💡 The insight

Judicial review operates when a law or executive action infringes Fundamental Rights, exceeds competence, or is repugnant to constitutional provisions.

Essential for answering asks on when courts can intervene, differences from other jurisdictions, and federal conflicts; useful for essays and problem‑scenario questions about validity of legislation and separation of powers.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
🔗 Anchor: "Does the Constitution of India provide for judicial review to safeguard citizens..."
📌 Adjacent topic to master
S2
👉 Judiciary as guardian of constitutional ideals/basic structure
💡 The insight

The judiciary functions as the sentinel of the Constitution, preserving core constitutional principles and ensuring Parliament respects constitutional limits.

Crucial for questions on checks and balances, basic structure doctrine, and amendment powers; links constitutional theory with practical judicial review, making it central for mains answers and case‑based prelims.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > p. 297
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 44
  • Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
🔗 Anchor: "Does the Constitution of India provide for judicial review to safeguard citizens..."
🌑 The Hidden Trap

The term 'Cabinet' was NOT in the original Constitution. It was inserted in Article 352 only by the 44th Amendment (1978). Similarly, 'Budget' is not mentioned; the text says 'Annual Financial Statement' (Art 112).

⚡ Elimination Cheat Code

The 'Definition Heuristic': If an option claims the Constitution *defines* a complex concept like Federalism, Secularism, or Basic Structure, it is almost certainly FALSE. The Constitution describes *mechanisms*, it doesn't write definitions for ideologies.

🔗 Mains Connection

Mains GS-2 (Separation of Powers): The Basic Structure doctrine is the Judiciary's check on the Parliament's 'Constituent Power' (Art 368), preventing 'Constitutional Despotism'.

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SIMILAR QUESTIONS

CDS-II · 2017 · Q68 Relevance score: 3.80

Which of the following statements is/are correct? 1. The Directive Principles of State Policy are meant for promoting social and economic democracy in India. 2. The Fundamental Rights enshrined in Part III of the Constitution of India are ordinarily subject to reasonable restrictions. 3. Secularism is one of the basic features of Constitution of any country. Select the correct answer using the code given below.

CAPF · 2012 · Q13 Relevance score: 3.78

Consider the following statements about the Indian Constitution : 1. In addition to the structure of the Government, it has also concerned itself with some aspects of a desirable civil society and economy. 2. Through amendments in the year 1976, it has also outlined the fundamental duties of citizens along with their rights. Which of the statements given above is/are correct?

CDS-I · 2003 · Q5 Relevance score: 3.23

Consider the following statements : The Fundamental Rights under the Indian Constitution are fundamental because I. they are protected and enforced by the Constitution. II. they can be suspended only in the manner prescribed, by the Constitution. III. they are enforceable against the State. IV. they cannot be amended. Which of these statements are correct?

CAPF · 2021 · Q73 Relevance score: 3.17

Which one of the following statements with regard to the Preamble to the Constitution of India is not correct?

NDA-II · 2016 · Q95 Relevance score: 3.08

Consider the following statements about the Constitution of India : 1. A Member of Parliament enjoys freedom of speech in the Parliament as a Parliamentary Privilege pro¬tected by the Constitution of India. 2. The Constitution has vested the power to amend the Constitution in the Parliament Which of the statements given above is/are correct ?