The rule of law and judicial review are interdependent, as one cannot truly exist without the other. In this context, explain the most important aspect among those that constitute the basic structure of the Constitution?
Main Body
While Judicial Review has explicit mention through Article 13 of the Preamble and Article 19 of the Constitution It is understood that Judiciary certifies the rule of law [Final interpreters of constitutionality] ① Without judiciary, rule of law would be incomplete Judicial review maybe the most important aspect: ① Allows a proactive judiciary PIL ② Prevents descent into totalitarianism [Indira Gandhi's 42nd Amendment] ③ Prevents constitutional anarchy ④ TDS clarified asks how can a creation of the Constitution contradict it ⑤ Prevents popular legislation devoid of legal merit ⑥ Retaka law on private reservation
Judicial review not the most important ① It was propounded much later [Charan Lal Sethi, I. Locks case] ② K.B Case 1973 Arrest referred to sovereignty, democracy & republican character of polity If India isn't a democracy, would judicial review matter? ③ Potential for tyranny of unelected collegium system is extra constitutional With subsequent judgements SC has reaffirmed judicial review to be sacrosanct [Minerva Mills through Article 31C Jati case] but given the amorphous nature of basic structure doctrine it maybe feasible to assert judicial review as permanent
Conclusion
Judicial review not the most important
6 words
Rangamanju
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Judicial Review and Basic Structure Doctrine
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analytical
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