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Article 13 declares that laws inconsistent with Fundamental Rights shall be void, and the Supreme Court has held that judicial review under Article 13 is part of the basic structure, meaning Parliament cannot amend the Constitution to eliminate judicial review of ______ violations.
- procedural
- constitutional
- administrative
- financial
Answer: constitutional
Judicial review and basic structure: (a) Article 13 foundation: State shall not make any law that takes away or abridges Fundamental Rights; any law made in contravention shall be void, (b) Judicial review power: Courts examine whether legislation/executive action violates FRs or basic structure; if yes, declare it void/inoperative, (c) Basic structure connection: (i) Kesavananda Bharati: Judicial review part of basic structure; Parliament cannot amend Constitution to eliminate courts' power to review constitutional violations, (ii) L. Chandra Kumar (1997): Tribunals' decisions subject to HC/SC judicial review; ouster clauses cannot exclude constitutional courts' jurisdiction, (iii) I.R. Coelho (2007): Ninth Schedule laws subject to basic structure review; judicial review essential for protecting constitutional core, (d) Applications: (i) Constitutional amendments: Subject to basic structure review; courts can strike down amendments violating core features, (ii) Ordinary legislation: Subject to Fundamental Rights review under Article 13; judicial review ensures laws comply with constitutional limits, (iii) Executive action: Subject to judicial review for constitutionality, rationality, procedural fairness, (e) Rationale: (i) Constitutional supremacy: Judicial review ensures Constitution, not transient majorities, supreme, (ii) Rights protection: Judicial review essential for enforcing Fundamental Rights against state excess, (iii) Accountability: Judicial review ensures government accountable to Constitution, not arbitrary power, (f) Illustrates constitutional supremacy: Judicial review as unamendable core; amendment power cannot destroy mechanism ensuring constitutional compliance, rights protection, governmental accountability.