GK Question

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Article 13 declares that laws inconsistent with or in derogation of Fundamental Rights shall be void, establishing the Supreme Court's power of judicial review to examine constitutionality of legislation and executive action — a power basic structure values require to be exercised with sensitivity to ______ groups and transformative goals.

  1. privileged
  2. marginalized
  3. urban
  4. elite

Answer: marginalized

Judicial review and basic structure values: (a) Article 13(2): 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 values application: (i) Justice: Ensures laws comply with constitutional limits, protect rights, (ii) Liberty: Enables citizens to challenge state overreach through judicial review, (iii) Equality: Courts prioritize access for marginalized groups (PIL, legal aid), interpret rights expansively to address structural inequalities, (iv) Fraternity: Judicial review promotes social solidarity by protecting vulnerable groups, (d) Sensitivity to marginalized: Basic structure values require courts to: (i) Prioritize access for vulnerable groups (PIL, legal aid), (ii) Interpret rights expansively to address structural inequalities, (iii) Balance state interests with individual dignity through proportionality test, (e) Illustrates constitutional supremacy: Fundamental Rights protected against legislative/executive excess through independent judicial review guided by basic structure values. Foundation of rights enforcement architecture. Essential for UPSC Mains understanding of judicial review's normative foundation.

Topic Basic Structure - Article 13 Judicial Review and Basic Structure Values
Exam Relevance Judicial review and basic structure values frequently asked in UPSC and Judiciary exams