Question

UPSC Prelims 2017 Question:

In India, Judicial Review implies

  1. 1. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
  2. 2. the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
  3. 3. the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
  4. 4. the power of the Judiciary to review its own judgements given earlier in similar or different cases.

Answer (Detailed Solution Below)

Option 1: the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

Detailed Solution

Explanation: 

    • 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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