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Q28 (CDS-II/2023) Polity & Governance › Constitutional Basics & Evolution › Basic structure doctrine Answer Verified

The landmark Supreme Court judgment in the case Subhash Sharma v. Union of India (1991) refers to which one of the following basic features of the Constitution of India?

Result
Your answer: —  ·  Correct: A
Explanation

The landmark Supreme Court judgment in Subhash Sharma v. Union of India (1991) explicitly reaffirmed that Judicial Review is a part of the basic constitutional structure and one of the basic features of the essential Indian constitutional policy. This case was significant as it expressed doubts regarding the interpretation of 'consultation' in the appointment of judges as established in the S.P. Gupta case (First Judges Case). The bench, led by Justice Ranganath Misra, emphasized that the judiciary cannot perform its constitutional obligations without adequate strength and independence, which are protected through judicial review. The court's observations in this case eventually led to the referral of the matter to a nine-judge bench in the Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India), which further solidified the independence of the judiciary as a basic feature [1].

Sources

  1. [1] https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081028.pdf
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