The question (6 marks)
After a court strikes down a statute, members of the legislature propose two reforms: that judges of the higher courts should in future be chosen by popular election, and that the validity of a constitutional amendment should be declared to be beyond the scrutiny of any court. You are asked to advise. Argue a position on each proposal. (6 marks)
MU Module III, judicial independence, judicial review and the rule of law; pack ch. 03 §3 and §4.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Organisation of Government — Separation of Powers, the Judiciary and Parliamentary Sovereignty of Political Science – I.
Authorities you will need
- Article 13 and the writs under Articles 32 and 226
- Kesavananda Bharati v State of Kerala: judicial review and the basic structure
- Minerva Mills v Union of India: clauses (4) and (5) of Article 368 struck down
- Supreme Court Advocates-on-Record Association v Union of India, judgment dated 16 October 2015
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.