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? (150 words, 10 marks)
Introduction
The basic structure was constituted by the Supreme Court in Kesavananda Bharati case of 1973. The judicial review was made part of basic structure under Minerva Mills case of 1980.
30 words
Main Body
Judicial review refers to the power of courts to decide on the constitutionality of any law or executive order passed by the government.
Rule of law and judicial review are interdependent because:
Judicial review ensures rule of law in the society.
Judicial review can be considered as the most important aspect as:
Continuation from previous page - reiterates key points about judicial review ensuring rule of law in society, making unconstitutional laws void, checking legislative power, and emergency powers of executive.
Conclusion
However, there are other aspects of basic structure that enables this such as secular state, fundamental right to equality, liberty, prohibition on discrimination. Judicial review and rule of law are these needed to maintain equality and freedom among the people of India.
42 words
- Good understanding of interdependence between rule of law and judicial review
- Proper citation of landmark judgments (Kesavananda Bharati, Minerva Mills)
- Clear definition of judicial review
- Logical explanation of checks and balances
Aditya Agarwal
Indian Constitution
Basic Structure
Judicial Review and Rule of Law as Basic Structure
243
Total words
4
Paragraphs
7
Bullets