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[op-ed snap] Judicial Review- for and against

  1. Court declared judicial review (JR), a constituent power and integral component of the unalterable basic structure of the Constitution
  2. JR has been invoked in public interest to question major decisions of the government-policy, for instance in 2G spectrum and coal mine allocations cases
  3. Domain for JR extended to executive and legislature matters, example, AFSPA issue where court declared that use of excessive armed forces was not permissible
  4. Voices against JR: “Judicial supremacy”, “judicial excessivism” or “judicial despotism” seen as antithetical to democracy and contrary to its first principles
  5. Representative democracy is as much a part of the basic structure of the Constitution as JR
  6. JR, constitutionally sanctioned, cannot be exercised to negate or subordinate other fundamental features of its basic structure
  7. Reasons for large ambit of JR: Decline of Parliament as the highest forum of democracy, perceived insensitivity on the part of bureaucracy,
  8. General distrust of executive power and loss of faith in moral and ideological integrity of the political class


:( We are working on most probable questions. Do check back this section.







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