Question 1 · 10 marks · 144 words written
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.
Judicial Review most important among Basic structure.
Protects constitutional morality from tampering by amendments -> Menaka Gandhi case -> 42nd Amendment act's arbitrary provisions curbed.
It secures other basic structures -> Secularism -> Protected when Judicial review of Essential religious practices test (Shirur Mutt case)
Protects the rights and safeguards of citizens -> Vishakha case.
Makes laws more effective -> Anoop Baranwal case -> Election commission.
Nudges the administration and expands the scope of rights -> Puttaswamy judgement.
However ->
- Fine line between review, activism and overreach.
- 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.