Question 1 · 10 marks · 188 words written
Opening · a constitutional or legal provision
The Supreme Court in 'Keshavananda Bharathi Case' (1973) held that Judicial review constitute basic structure of Constitution.
Body · points
Judicial review - most important aspect
- In line with |Article 13| → laws inconsistent with fundamental rights are liable to be struck.
- puts rational restrictions on |Art 368| - Amending power of parliament.
- Curtails the executive and legislative enthusiasm (eg): 39th CAA held invalid which modified powers of prime minister.
- Judicial review protects the separation
of powers (eg): R.C. Cooper case on ordinances. (5) protects the right of vulnerables and minority population (eg): S.C in Davinder Singh case upheld SC/ST subcategorisation. (6) upholding Constitutional morality.
Concerns with Judicial review. : ↳ (1) Judicial overreach → leading to infringing on rights of executive (eg): Banning liquor on highways ↳ (2) NO clear standard operating procedures ↓ (3) excess powers on Judiciary vis-a-vis Other organs (eg): Struck down NJAC
Other important basic structures → ① Rule of law - Menaka Gandhi case ② secularism & federalism } S.R. Bommai case.
Close · a summary
Hence Judicial review helped in ensuring rights of Citizen as well as limiting arbitrary exercise by legislature & executive.