23.
The answer is: A
Explanation
The correct option is A: Procedure established by law.
This means that the judicial review in India is based on the principle that the courts can examine the constitutionality of any law or action of the executive or the legislature, as long as it follows the procedure laid down by the Constitution or any other law. The courts do not have the power to question the fairness, reasonableness or justice of the law or action, but only its conformity with the Constitution or any other law. This principle was upheld by the Supreme Court in A.K. Gopalan vs State of Madras, where it held that the preventive detention law was valid as it followed the procedure established by law under Article 21 of the Constitution.
The other options are incorrect for the following reasons:
B: Due process of law is a principle that implies that the courts can not only examine the constitutionality of a law or action, but also its fairness, reasonableness and justice. The courts can strike down any law or action that is arbitrary, oppressive or unjust, even if it follows the procedure established by law. This principle is followed in the United States and some other countries, but not in India. However, in recent times, the Supreme Court has expanded the scope of Article 21 to include some aspects of due process of law, such as right to life, liberty and dignity.
C: Rule of law is a principle that means that everyone is equal before the law and no one is above the law. It also means that the law is supreme and not the will of any person or authority. The rule of law is one of the basic features of the Constitution of India, but it is not synonymous with judicial review. Judicial review is one of the means to ensure the rule of law, but not the only one.
D: International treaties and conventions are agreements between countries on various issues of common interest, such as human rights, trade, environment, etc. They are not binding on India unless they are ratified by the Parliament and incorporated into domestic laws. They are not a basis for judicial review in India, unless they are in harmony with the Constitution or any other law. The courts can use them as an aid to interpretation, but not as a source of law.