The process of judicial review should be robust, prompt, and clear when dealing with obviously unconstitutional or divisive statutes. This ensures the protection of constitutional rights, minimizes harm from potentially damaging laws, and provides clear legal precedents. Analyse.
Kartavya Desk Staff
Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
2. The process of judicial review should be robust, prompt, and clear when dealing with obviously unconstitutional or divisive statutes. This ensures the protection of constitutional rights, minimizes harm from potentially damaging laws, and provides clear legal precedents. Analyse. (250 words)
Difficulty level: Moderate
Reference: The Hindu
Why the question: The article discusses that the Supreme Court of India will, sooner or later, consider the question whether the Citizenship (Amendment) Act (CAA) and the rules under it can pass constitutional scrutiny. Key Demand of the question: To write about the importance of judicial review and ways to make it clearer and robust. Directive word: Analyse – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary. Structure of the answer: Introduction: Begin by defining judicial review. Body: First, write about judicial review and its importance – part of basic structure of the constitution, empowers the judiciary to review the actions of the executive and legislative branches, trike down laws or executive actions that are found to be unconstitutional etc. Cite examples to substantiate. Next, write about ways to make it clearer and more robust- balancing judicial activism with restraint, resource constraints, complex legal questions, and political pressures etc. Conclusion: Conclude by writing a way forward.
Why the question:
The article discusses that the Supreme Court of India will, sooner or later, consider the question whether the Citizenship (Amendment) Act (CAA) and the rules under it can pass constitutional scrutiny.
Key Demand of the question:
To write about the importance of judicial review and ways to make it clearer and robust.
Directive word:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary.
Structure of the answer:
Introduction:
Begin by defining judicial review.
First, write about judicial review and its importance – part of basic structure of the constitution, empowers the judiciary to review the actions of the executive and legislative branches, trike down laws or executive actions that are found to be unconstitutional etc. Cite examples to substantiate.
Next, write about ways to make it clearer and more robust- balancing judicial activism with restraint, resource constraints, complex legal questions, and political pressures etc.
Conclusion:
Conclude by writing a way forward.