UPSC Mains 2016 · GS II · Q6 · 12.5 marks · 200 words

What was held in the Coelho case ? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution ?

हिन्दी में

कोहिलो केस में क्या अभिनिर्धारित किया गया था ? इस संदर्भ में, क्या आप कह सकते हैं कि न्यायिक पुनर्विलोकन संविधान के बुनियादी अभिलक्षणों में प्रमुख महत्त्व का है ?

How a topper answered the closest question

Toppers wrote this one in a test series: “The basic structure doctrine is a judicial innovation. Discuss its significance in the Indian Constitutional context.”

Saloni ChhabraAIR 29 · CSE 2023 · 184 wordsTheir whole copy

Opening

Basic structure doctrine is a judicial innovation that was introduced in Kesavananda Bharati case, 1973. Prevents Parliament from becoming Master of the Constitution

Body

e

  • Evolving definition
  • Unwritten and unspecified

Prevents Parliament from becoming Master of the Constitution

(1) Upholds Separation of Power → NJAC Case → Ruled out 99th CAA as being violative

(2) Upholds federal order of the Constitution against Parliamentary sovereignty → Eg. Bommai Case → federalism is part of Basic structure

(3) Secures minority rights in true spirit → Eg. Tablighi Jamaat Case

(4) Learns soul of the Constitution - Article 32 and Article 21 → (Eg) Importance of Judicial Review → Kihoto Hollohan case

(5) Maintains a fine balance between Fundamental Rights & DPSPs → (Eg) Minerva Mills (1980) - Bedrock of balance

(6) Widens the spirit of justice envisioned by constitution makers → (Eg) Maneka Gandhi case → Due Process of Law

(7) Overturns key amendments as being violative of Basic structure of citizen Rights & Accountability → (Eg) Part of 42nd & 39th CAA

→ Judicial Overreach (Eg) Highway Liquor Ban case HOWEVER → criticism for rewriting Constitution → unelected legislators

Close

It is a potent tool to safeguard interests of Indian citizens.

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2016, General Studies Paper II, Q6. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.