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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 ______ to examine constitutionality of legislation and executive action — a power Constitutional Morality requires to be exercised with sensitivity to marginalized groups and transformative goals.
- legislative review
- judicial review
- executive oversight
- parliamentary scrutiny
Answer: judicial review
Judicial review and Constitutional Morality: (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; if yes, declare it void/inoperative, (c) Constitutional Morality application: (i) Early cases: Narrow review of legislative competence, (ii) Post-Maneka Gandhi: Expanded to procedural fairness, proportionality, substantive rights protection, (iii) Basic structure doctrine (Kesavananda): Review of constitutional amendments themselves to protect core values, (d) Sensitivity to marginalized: Constitutional Morality requires 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 Constitutional Morality values. Foundation of rights enforcement architecture.