Question Q1Discuss/AnalyseGS2GS2

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

Rule of law & Judicial review are crucial components of 'Constitutionalism' & hence uphold the principle of limited governance.

19 words

Main Body

Rule of law & Judicial review - Interdependent [Diagram: Rule of law RoL and Judicial Review JR - RoL ensures implementation of RoL; JR forms the basis of JR and ensures judicial independence] 2) JR - the most important of basic structure 1) Constitution itself provides for Judicial review in A.32 & A.226 of the legislative & executive acts

2Dr. B.R. Ambedkar has called Article 32 the 'soul of constitution' for its importance 3) Judicial review is fundamental to ensure other aspects of basic structure i.e. even fundamental to fundamental rights 4) Judicial review is the litmus test for constitutional morality. 5) Judicial review makes the rigid constitution 'flexible' i.e. Transformative constitution according to changing social dynamics However, Certain challenges arise out of it - can lead to Judicial overreach - affect separation of power - goes against democratic mandate of people

— Sachin B.G

143 words1 paragraphs

Conclusion

Hence, ensuring constitutional morality in letter & spirit is the way forward for all organs of government.

17 words

Diagram

Box diagram showing Rule of law (RoL) and Judicial Review (JR) with arrows indicating RoL ensures implementation of JR; JR forms the basis of JR and ensures judicial independence

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Topper

Sachin B.G

2024

Subject & Paper

GS2GS2

Topic

1. Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Basic Structure

Judicial Review and Rule of Law

Writing Stats

179

Total words

Paragraphs

structured, point-based with diagrams

Tone

Linked PYQ

The need for cooperation among various service sector has been an inherent component of development discourse. Partnership bridges bring the gap among the sectors. It also sets in motion a culture of ‘Collaboration’ and ‘team spirit’. In the light of statements above examine India’s development process.

15M2019