AIR 123 · CSE 2022 · GS2 · 53 pages

Shreya Tyagi: GS2 answer copy

20 answers by Shreya Tyagi, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 157 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 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court saying that law making limited by ideas of constitution → ∴ no new constitution itself → 42nd amendment Act was repealed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.

Diagram
- Other constituents of basic structure - (1) Federalism - (2) Secularism - } SR Bommai case - (3) Demaracy - (4) Rule of law - (5) Independence of Judiciary

Close · a summary

Thus, there is no clear herierchy as the job of judicial review is to preserve a hollistic idea of constitutionalism