Sample UPSC Mains Answer Evaluation Report — Free Demo

Question 1

evaluated5.5/10

Question

The Rule of law and judicial review are interdependent, as one cannot truly exist without the other. In this context can judicial review be considered the most important aspect among those that constitute the basic structure of the Constitution? (150 words, 10 marks)

Answer Content

Introduction

In Kesavanand Bharati vs State of Kerala case, 1973; Supreme Court defined Basic Structure of the constitution as the values which can't be amended by Parliament.

Body

• Judicial review - Most important aspect of basic structure ->

• 1) & Protects fundamental rights. Courts can strike down the laws if they violate & the fundamental rights. Eg. Maneka Gandhi case.

• 2) Check & States despotism. Eg. in Minerva mills case, court SC struck down 42nd amendment partially

• 3) Maintain integrity of judicial process and independence -> Struck down 99th amendment & NJAC, 2014.

• 4) Maintain checks and balances -> Judicial oversight over legislature and executive. Eg. Struck down Sec. 66A of IT Act, 2000

• 5) Implicitly provided by the constitution. Under Article 13, 32, 226, 136, 142.

• 6) Promotes progressivism -> Eg. after the strengthening Election Commission under several judgements (ADR vs UOI, 2011, PUCL V/S UOI, 2013) etc.

Conclusion

Since judicial review enforces all other basic structure aspects, it is certainly one of the most important component of basic structure.

Visuals

Diagram showing interdependence of Rule of law and Judicial review, violated by Legislature/Executive and reinforced by Courts.

Diagram showing other important aspects of basic structure: Secularism, Federation, Parliamentary democracy, Fundamental rights, Rule of law.

Words: 218Format: mixed

Feedback

The answer demonstrates a comprehensive understanding of the question, effectively explaining the interdependence of Rule of Law and Judicial Review within the Basic Structure doctrine. The body is exceptionally well-structured, highly relevant, and strongly substantiated with numerous case laws and constitutional provisions. The use of diagrams significantly enhances clarity and visual appeal. While there were minor deviations in word limits for the introduction and overall answer, these are outweighed by the high quality of content, depth of analysis, and effective presentation.

Strengths

• Exceptional substantiation with relevant case laws (Keshavanand Bharati, Maneka Gandhi, Minerva Mills, ADR vs UOI, PUCL vs UOI), constitutional articles (13, 32, 226, 136, 142), and amendments (99th, Sec 66A IT Act).

• Clear and logical structuring of the body, effectively addressing all parts of the question's demand.

• Effective use of two diagrams to visually explain the interdependence of Rule of Law and Judicial Review, and to list other components of the Basic Structure.

• Strong command over subject-specific terminology, enhancing the gravity of the answer.

• Maintained a balanced perspective, acknowledging other important aspects of the Basic Structure while arguing for Judicial Review's primacy.

• High factual accuracy throughout the answer.

Weaknesses

• The introduction slightly exceeded the prescribed word limit (29 words vs. 10-25 words).

• The overall answer exceeded the recommended word count for a 10-mark question (approx. 204 words vs. 100-180 words).

Action Items

• Practice strict adherence to word limits for both the introduction and the overall answer to optimize time and space.

• Continue to leverage strong substantiation with case laws, articles, and examples, as this is a significant strength.

• Maintain the effective use of visual elements like diagrams to enhance clarity and presentation.

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