Question 1Discuss/EvaluateGS2GS1

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? (Answer in 150 words, 10 marks)

Introduction

Rule of law refers to the primacy of legal standards, where 'Lex is Rex' i.e. Law is King, whereas judicial review refers to power of judiciary to review the constitutionality of any law.

33 words

Main Body

Rule of Law & Judicial Review:

1Rule of law upholds that no person can be punished without violation of law. Judicial Review ensures that the legislative & executive wings cannot arbitrarily punish anyone. Eg: striking down of sec 66 of IT Act in Shreya Singhal case.

2Rule of Law ensures that all persons are equal in front of the law. Judicial Review ensures that principles of equality are upheld. Eg: Disqualification of sitting MP/MLA upon conviction (Lily Thomas, 2013).

3Judicial Review cannot exist without Rule of Law, as it ensures separation of power, constitutionalism and independence of judiciary.

Importance of Judicial Review vis-a-vis Basic Structure of Constitution:

1Judicial Review is the most important feature, because it is only through Article 32, 226, 13 etc. that judiciary evaluates the constitutional validity of any law and if it violates the basic structure.

2Judicial Review's absence will lead to nullification of Basic structure doctrine, as no accountability mechanism will be present.

principle of equality are upheld. Eg: Disqualification of sitting MP/MLA upon conviction (Lily Thomas, 2013).

3Judicial Review cannot exist without Rule of Law, as it ensures separation of power, constitutionalism and independence of judiciary.

Importance of Judicial Review vis-a-vis Basic Structure of Constitution:

2Judicial Review's absence will lead to nullification of Basic structure doctrine, as no accountability mechanism will be present.

260 words3 paragraphs

Conclusion

Therefore, federalism, secularism, basic structure virtues, rule of law, also stand in an umbrella of protection provided by judicial review.

20 words

Clear structural presentation with numbered points
Good use of relevant case laws
Logical flow from concept to application

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Page 4

Topper

Ritika Chitlangia

Subject & Paper

GS2GS1

Topic

Indian Polity

Judicial Review and Basic Structure

Rule of Law and Judicial Review

Writing Stats

313

Total words

Paragraphs

Analytical, structured

Tone