GS2 · 15 marks · 250 words

"Supremacy of the constitution requires all ordinary laws to conform to the constitutional law." Discuss the statement with reference to judicial review in India.

Answered by 5 toppers · CSE 2023–2025

Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

How toppers approached it

From all 5 answers · about 220 words · 60% drew a diagram.

Opening

  • A definition60%
  • A constitutional or legal provision20%
  • No separate opening20%

Body

  • Points60%
  • Points and prose40%

Close

  • No separate close40%
  • A summary40%
  • A way forward20%

The toppers’ answers

Shakti DubeyAIR 1 · CSE 2024 · 282 wordsTheir whole copy

Opening · a definition

"Judicial Review" is not explicitly mentioned in the constitution but supreme court of India derives this power from A-13, A-32, A-142, etc

Constitutional supremacy :- BR Ambedkar has emphasised on supremacy of constitution to :-

Body · points

(1) Ensure Rule of law (2) Avoid any kind of discrimination (3) To uphold the constitutional morality. (4) To ensure this supremacy constitution has provided for strong & independent Judiciary

To ensure constitutional supremacy - Supreme court of India has played a significant Role :- (1) Through a series of judgements

finally culminating into Kesavananda Bharti case, 1973, SC gave the Doctrine of Basic structure to ensure the supremacy of constitution. (2) According the doctrine- The laws made by parliament will be struck down as null & void- if they violate the basic structure (3) Used for deriving its power of Judicial Review. (4) Alongside of A-13, A-32, A-142 Doctrine of Basic structure has been used by SC to ensure the conformation to constitutional laws.

Instances of Judicial Review :- (1) IR Coelho case - SC held that Judicial review is the Basic structure of Indian constitution.

(2) SC has struck down provision of 24th & 25th constitution Amendment act as they were in conflict with constitutional morality

(3) SC has struck down NJAC Act / 99th Amendment Act as null & void because it was not in conformity with Independence of Judiciary

(4) SC has also used this power to progressively interpret the provision of constitution eg:- A21 to uphold the spirit of constitution

Close · a summary

Thus SC of India has ensured the supremacy of constitution & avoided Parliamentary sovereignty as adopted by Britain. Because in India constitution is the source of rights & duties of the citizens

More on Constitution and Basic Structure

Historical underpinnings, evolution, salient features, amendments and the basic structure doctrine.

All GS2 questions on Constitution and Basic Structure