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 1973. The judicial review was made part of basic structure under Minerva Mills case of 1980.
29 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:-
Eg: NJAC Act was held void as it violated the separation of power.
Eg: Power of executive during emergency of 1973 was extended.
However, there are other aspects of basic structure that enables this -
Conclusion
Judicial review and rule of law are thus needed to maintain equality and freedom among the people of India.
19 words
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Page 4
Aditya Agarwal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Judicial Review and Basic Structure
213
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analytical, structured
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