GK Question

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Constitutional Morality requires that judicial review under Article 13 be calibrated: courts check for constitutional compliance, rationality, and non-arbitrariness, but generally defer to executive wisdom on policy matters unless fundamental rights or basic structure are violated — balancing judicial oversight with respect for ______.

  1. executive discretion
  2. separation of powers
  3. parliamentary sovereignty
  4. all of the above

Answer: all of the above

Calibrated judicial review and Constitutional Morality: (a) Article 13 foundation: Courts can strike down laws violating Fundamental Rights; power of judicial review essential for constitutional supremacy, (b) Constitutional Morality calibration: (i) Check for: constitutional compliance (does law/action violate FRs or basic structure?), rationality (is classification based on intelligible differentia?), non-arbitrariness (is procedure fair, just, reasonable?), (ii) Deference to: executive wisdom on policy matters (courts don't substitute wisdom for administrators), legislative choices on socio-economic policy (unless manifestly arbitrary or violating core values), (iii) Balance: Judicial oversight protects rights and constitutional values; respect for separation of powers, parliamentary sovereignty, executive discretion ensures functional governance, (c) Applications: (i) Proportionality test: Balances rights vs state interests without dictating policy details, (ii) SR Bommai: Courts review Presidential satisfaction but don't substitute wisdom for executive, (iii) NJAC judgment: Judicial independence part of basic structure; executive cannot dominate judicial appointments, (d) Illustrates sophisticated constitutionalism: courts as guardians of constitutional values, not policy-makers; calibrated oversight enabling rights protection while respecting institutional roles. Essential for UPSC Mains nuanced understanding of judicial review.

Topic Constitutional Morality - Article 13 Judicial Review Calibration
Exam Relevance Judicial review calibration and constitutional morality critical for UPSC Mains and Judiciary exams