Question 1 · 10 marks · 153 words written
Opening
Supreme Court in several cases like L. Chandra Kumar case, NJAC case, etc has reiterated judicial review as basic feature/structure of constitution.
Body · points
Most Important Aspect that constitute basic structure
- Ensure social changes → Judicial review ensure constitutional supremacy over social rigidity
- (eg. Decriminalisation of section 377 IPC in Navtej Johar case.
② Preserve fundamental nature of Indian state
- (eg. S.R Bommai case → federalism & secularism basic feature.
③ Ensure fundamental rights are protected and not abridged.
- (eg. Indira Gandhi v/s Raj Narayan case → Equality as basic structure
④ Expanded scope of Article 21 → In Maneka Gandhi case → SC propounded idea of Due process of law.
⑤ Ensure judicial Independence → NJAC case → 99th Amendment ultra vires.
⑥ Protect Federalism → Invalidated provisions of Multi-state cooperative Act.
Close
Judicial Review became more effective and balanced after Keshavanand Bharti judgement which propounded the doctrine of Basic structure.