AIR 19 · CSE 2025 · GS2 · 58 pages

Nisar Dishant Amrutlal: GS2 answer copy

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

The questions

The answers

Question 1 · 10 marks · 144 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

Indian Constitution has provided for 'rule of law' and 'judicial review' via implicit and explicit provisions

Body · points and prose

-> Article 13, 32, 226, Fundamental Rights etc.

Diagram
- Interdependence - Rule of law leads to executive effectiveness and thus reduces judiciary burden - Rule of law leads to check and balance making judicial review important. - Judicial review protects rule of law when it is violated by arbitrary actions -> ADM Jabalpur Case

Judicial Review most important among Basic structure.

  1. Protects constitutional morality from tampering by amendments -> Menaka Gandhi case -> 42nd Amendment act's arbitrary provisions curbed.

  2. It secures other basic structures -> Secularism -> Protected when Judicial review of Essential religious practices test (Shirur Mutt case)

  3. Protects the rights and safeguards of citizens -> Vishakha case.

  4. Makes laws more effective -> Anoop Baranwal case -> Election commission.

  5. Nudges the administration and expands the scope of rights -> Puttaswamy judgement.

However ->

  1. Fine line between review, activism and overreach.
  2. Article 50 separation of powers

Close

As held by SC in DS Nakra case - legislative has law making power. Through Judicial review, it ensures healthy democracy.