Question 1 · 10 marks · 209 words written
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 →
- Protects fundamental rights
- Courts can strike down the laws if they violate the fundamental rights.
- Eg. Maneka Gandhi case.
- 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.