AIR 267 · CSE 2024 · GS2 · 53 pages

Ankit Agrawal: GS2 answer copy

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

The questions

The answers

Question 1 · 10 marks · 153 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

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

Diagram
[Rule of Law] -- [Equality before law] [Rule of Law] -- [No arbitrariness by executive] [Rule of Law] -- [Constitutional supremacy] [Judicial Review] -- [Scrutiny of legislative & executive action] [Judicial Review] -- [Checking validity of law in contact of constitutional provision]

Most Important Aspect that constitute basic structure

  1. 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.