AIR 274 · CSE 2024 · GS2 · 58 pages

Dommeti Vinay: GS2 answer copy

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

The questions

The answers

Question 1 · 10 marks · 188 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 Supreme Court in 'Keshavananda Bharathi Case' (1973) held that Judicial review constitute basic structure of Constitution.

Body · points

Judicial review - most important aspect

  1. In line with |Article 13| → laws inconsistent with fundamental rights are liable to be struck.
  2. puts rational restrictions on |Art 368| - Amending power of parliament.
  3. Curtails the executive and legislative enthusiasm (eg): 39th CAA held invalid which modified powers of prime minister.
  4. 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.