AIR 65 · CSE 2024 · GS2 · 51 pages

Poorva Agrawal: GS2 answer copy

17 answers by Poorva Agrawal, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 174 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

Arts 13, 32, 226 provide the basis of judicial review in India. It enables the Courts to test the legislature & executive acts on touchstone of Constitution.

Body

Judicial Review: most important aspect among basic structure of Constitution

  1. Keeps checks & balances on other organs → Removal of provisions of Adhaar Act

  2. Independence of judiciary upheld. → 99th Amendment declared void

  3. Rule of law upheld - avoids arbitrary use of power by govt. → Shreya Singhal Case - 66A, IT Act removed

  4. Separation of powers balanced. → Indra Gandhi v Raj Narain case

  5. Constitutional morality upheld. → Jallikattu Ban

  6. Fundamental Rights of citizens protected. → IR Coelho case - 9th schedule

  7. Sanctity to controversial laws & acts → Upholding of A.370 revocation.

However, apart of judicial review, other parts of basic structure also hold importance :- (1) Secularism - protects religious diversity. (2) Democracy - basis of representative parliamentary system. (3) Federalism - uphold centre - state relations.

Close

Thus, judicial review is an import component of India's democracy.