Question 1 · 10 marks · 157 words written
Opening · a definition
Rule of law is the premise that the functioning of the government, especially the executive occurs only with accordance to a body of law. This is ensured as a practice by the Judiciary's tool of judicial review.
Body · points
Importance of Judicial Review
(1) recognised as part of the basic structure in the SR Bommai case
(2) Basic structure as helps ensure the government of legislature and executive function as per a body of law → Constitutionalism upheld
(3) The idea of judicial review implicit in Article 13 and 226
(4) The keshavananda Bharati case lead to the supreme court saying that law making limited by ideas of constitution → ∴ no new constitution itself → 42nd amendment Act was repealed
(5) Judicial review ensures checks and balances → indian approach to the doctrine of separation of power.
Close · a summary
Thus, there is no clear herierchy as the job of judicial review is to preserve a hollistic idea of constitutionalism