AIR 46 · CSE 2024 · GS2 · 53 pages

Rahul Shekhar: GS2 answer copy

21 answers by Rahul Shekhar, as written in the test. Each question opens a page with how other toppers answered it.

The questions

  1. QStudent Concerns / Query

The answers

Question 1 · 10 marks · 209 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

In Keshavanand Bharati vs State of Kerala case, 1973; Supreme Court defined Basic structure of the constitution as the values which can't be amended by Parliament.

Violated by legislature/

Rule executive Judicial of --------------> review law <-------------- | Reinforced by | courts |

Body · points


Judicial review - Most important aspect of basic structure →

  1. Protects fundamental rights
  • Courts can strike down the laws if they violate the fundamental rights.
  • Eg. Maneka Gandhi case.
  1. Check state despotism
  • Eg. in Minerva Mills case, SC struck down 42nd amendment partially

3.) Maintain integrity of judicial process and independence :- Struck down 99th amendment & NJAC, 2014.

4.) Maintain checks and balances :- Judicial oversight over legislature and executive. Eg → Struck down Sec. 66A of IT Act, 2000

5.) Implicitly provided by the constitution • Under Articles 13, 32, 226, 136, 142.

6.) Promotes progressivism :- Eg. strengthening Election Commission under several judgements (ADR vs UoI, 2011, PUCL v/s UoI, 2013) etc.

Close · a summary

Other important aspects of basic structure / | |
Secularism/ Federalism/ Parliamentary/ Fundamental/ Rule of law / democracy/ rights

Since judicial review enforces all other basic structure aspects, it is certainly one of the most important component of basic structure.