Question

Read the passage given below and answer the questions that follow.

“If there is one feature of our constitution, which is basic and fundamental to the maintenance of democracy and the rule of law, it is the power of judicial review and it is unquestionably, to my mind, part of the basic structure of the Constitution. Of course, when I say this, it should not be taken to suggest that however effective alternative institutional mechanisms or arrangements for judicial review cannot be made by Parliament. But what I wish to emphasise is that judicial review is a vital principle of our constitution, and it cannot be abrogated without affecting the basic structure of the constitution.” Source: Justice P.N. Bhagwati (Supreme Court) Minerva Mills Ltd. & Others vs Union of India & Others [1981]

1. Describe the feature which is part of the basic structure of the constitution, as referred to in the passage given above.    (2)
2. State four principles of this feature.      (4)
3. What is the basis to establish it in India? How is it different from that of the USA?     (2)

Answer 1

1. Judicial review: Meaning to be given
2. • Equality before law
     Maxims/Principles:
   • While conducting judicial review, the judiciary has to establish and give grounds for rejecting any law as unconstitutional.
   • Judicial Review is conducted by a judicial bench and not by a single judge. The decision is always taken by a majority.
   • The judiciary has the power to invalidate any law or a part of the law which is held to be unconstitutional.
   • The judiciary refrains from giving decisions on political issues.
3. In India, the basis of judicial review is ‘Procedure established by law’. In the USA, it is ‘Due process of law.’