[Solved] 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.

23. 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?

a. 1 only

b. 2 only

c. Both 1 and 2

d. Neither 1 nor 2

Answer: d

• The provision of judicial review in the Indian Constitution is not mentioned by name but is explicitly and implicitly provided through several articles. Judicial review empowers the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions and to strike down those that violate the Constitution or Fundamental Rights.

Key Constitutional Provisions for Judicial Review

Article 13: Declares that any law inconsistent with or in derogation of Fundamental Rights is void. This is the foundational provision for judicial review, allowing courts to invalidate such laws.

Article 32: Empowers individuals to approach the Supreme Court directly for the enforcement of Fundamental Rights. The Supreme Court can issue writs for this purpose, making it a core mechanism for judicial review.

Article 226: Empowers High Courts to issue writs for the enforcement of Fundamental Rights and for any other purpose, thus extending judicial review to the High Courts.

Articles 131–136: Define the original and appellate jurisdiction of the Supreme Court, allowing it to hear constitutional matters and appeals, which may involve judicial review.

Articles 143, 245, 246, 251, 254, 372: These articles further support judicial review by dealing with the division of powers, the supremacy of parliamentary laws, and the continuance and adaptation of pre-constitution laws.

Judicial Review as a Basic Feature

The Supreme Court has declared judicial review to be a basic feature of the Constitution, meaning it cannot be removed even by constitutional amendment