Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
3. Provide a discourse on the evolution of the concept of judicial review, with special emphasis on the ninth schedule of the Indian Constitution. (150 words)
Reference: Indian Express
Why the question:
In recent times there have been multiple calls for the inclusion of quota laws in the Ninth Schedule of Indian constitutions. In the present case, the Jharkhand government has issued the such call.
Key Demand of the question:
Discuss in detail the evolution of the concept of judicial review in the constitutional history of India.
Discourse – Give a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate them with relevant associated facts.
Structure of the answer:
Define what judicial review is and how the 9th schedule is related to it.
Judicial Review is the power of Courts to pronounce upon the constitutionality of legislative and executive acts of the government which fall within their normal jurisdiction.
Next, discuss the evolution of the concept of judicial review starting with the 1st Constitutional amendment. Also, give a few points on the present EWS SC judgement and quota laws in some states which they want to be included in the 9th schedule.
The role of Judicial Review in the Indian Constitution is to protect/provide liberty and freedom for the people. Some Indian thinkers have observed that the scope of Judicial Review in India is very limited, and the Indian Courts do not enjoy as wide jurisdiction as the courts in America.
Suggest some suggestions to reform issues regarding the 9th schedule as well.
Conclude with the importance of JR and the 9th Schedule.