The landmark Supreme Court judgment in the case Subhash Sharma v. Union of India (1991) refers to which one of the following basic features of the Constitution of India?

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CDS General Knowledge 3 Sep 2023 Official Paper
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  1. Judicial Review
  2. Rule of Law
  3. Free and fair elections
  4. Fundamental Rights

Answer (Detailed Solution Below)

Option 1 : Judicial Review
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The correct answer is Judicial Review.Key Points

  • The landmark Supreme Court judgment in the case Subhash Sharma v. Union of India (1991) refers to Judicial Review. 
  • Supreme Court case Subhash Sharma v. U.O.I. (1991(1) Supp. SCC 594).
    • This case involved a reconsideration of the interpretation of the word "consultation" concerning the appointment of judges, particularly questioning the interpretation laid down in the case S.P. Gupta v. U.O.I. (1982 SC 149).
    • The court emphasizes that the word is used in the constitutional provision to acknowledge the status of the high constitutional dignitary involved in the appointment of judges.
    • The court suggests that interpreting the term without considering its constitutional background and purpose would be akin to a narrow and literal interpretation that fails to capture the constitutional essence of the term.
    • The judges in the Subhash Sharma case affirmed the significance of judicial review as an integral part of the basic constitutional structure and one of the basic features of the essential Indian constitutional policy.
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