Question 1 · 10 marks · 173 words written
Opening · a definition
Judicial review is a mechanism by which judiciary reviews the legislative and executive actions to ensure that they do not violate the provisions of the Constitution.
Body · points
Interdependency between rule of law and judicial review
Rule of law which implies nobody is above law hold significance until and unless there is judiciary to keep a check on tyranny of government.
Judicial Review - an important aspect
It is necessary to keep a check on the other two organs of the government. Example: Judicial Review of 42nd AA, 1976 ensured that Parliament cannot undermine any fundamental rights except to enforce any DPSP (Article 39(b) & 39(c)).
Necessary to adhere to constitutionalism Example: SC declared 39th AA null and void that made elections of prime minister, president, vice-president beyond judicial review. (Indira Gandhi case)
Judicial reviews ensures that judiciary acts as custodian of Fundamental Rights.
It ensures that basic structure of the Constitution is not affected.
Close · a summary
Thus judicial review is crucial aspect of basic structure as it ensures democracy of the country.