A topper · CSE 2024 · GS2 · 54 pages

Aditya Agarwal: GS2 answer copy

20 answers by Aditya Agarwal, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 213 words written

The rule of law and judicial review are interdependent, as one cannot truly exist without the other. In this context can judicial review be considered the most important aspect among those that constitute the basic structure of the Constitution?

Opening · a constitutional or legal provision

The Basic structure was constituted by the Supreme Court in Kesavananda Bharati case 1973. The judicial review was made part of basic structure under Minerva Mills case of 1980.

Body · points and prose

Judicial review refers to the power of courts to decide on the constitutionality of any law or executive order passed by the government.

Rule of law and judicial review are interdependent because:-

  • Rule of law enables the functioning of the different sections of the government.
  • Rule of law enables the different part of the polity to ensure proper checks and balances on the power of others.

→ Judicial review ensures rule of law in the society.

Judicial review can be considered as the most important aspect as:

  • It helps to maintain rule of law.
  • It makes those law void which are unconstitutional. Eg) NJAC Act was held void as it violated the separation of power.
  • Judicial review keeps the check on power of the legislature to make laws. Eg) Power of executive during emergency of 1975 was extended.

However, there are other aspects of basic structure that enables this:-

  • secular state, fundamental right to equality, liberty, prohibition on discrimination.

Close · a summary

Judicial review and rule of law are thus needed to maintain equality and freedom among the people of India.