must take measures to separate the judiciary from the executive in the public services. Judicial review Judicial review was adopted by the constitution of India from judicial review in the United States. In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13: All pre-constitutional laws, if they conflict wholly or in part with the constitution, shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict; the law will again come into force if it is compatible with the constitution as amended (the Doctrine of Eclipse). Laws made after the adoption of the constitution must be compatible with it, or they will be deemed void ab initio. In such situations, the Supreme Court (or a high court) determines if a law is in conformity with the constitution. If such an interpretation is not possible because of inconsistency (and where separation is possible), the provision which is inconsistent with the constitution is considered void. In addition to Article 13, Articles 32, 226 and 227 provide the constitutional basis for judicial review. Due to the adoption of the Thirty-eighth Amendment, the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies). The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. The Executive Chapter 1 of the Constitution of India creates a parliamentary system, with a Prime Minister who, in practice, exercises most executive power. The prime minister must have the support of a majority of the members of the Lok Sabha, or lower House of Parliament. If the Prime Minister does not have the support of a majority, the Lok Sabha can pass a motion of no confidence, removing the Prime Minister from office. Thus the Prime Minister is the member of parliament who leads the majority party or a coalition comprising a majority. The Prime Minister governs with the aid of a Council of Ministers, which the Prime Minister appoints and whose members head ministries. Importantly,