Question
UPSC Prelims 2017 Question:
In India, Judicial Review implies
Answer (Detailed Solution Below)
Option 1: the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
Detailed Solution
Explanation:
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- In India, both the Supreme Court and the High Court have the power of Judicial Review under Articles 32 and 226 of the Constitution of India, respectively.
- Judicial Review is the power of the judiciary to examine the constitutionality of legislative acts and executive orders of both the Central and State Governments.
- India follows “procedure established by law”, so by exercising the power of judicial review the judiciary can declare a legislative act and an executive order invalid or unconstitutional if :
- It infringes the Fundamental Rights which are provided under Part III of the Indian Constitution.
- It is outside the competence of the authority which has framed it
- It is repugnant to the constitutional provisions
Therefore, option (1) is the correct answer.
Subject: Polity | Judiciary
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