In India, Judicial Review implies
- A.the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
- B.the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
- C.the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
- D.the power of the Judiciary to review its own judgements given earlier in similar or different cases.
Correct answer
Explanation
The correct answer is A, the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders. Judicial review lets the Supreme Court and the High Courts strike down any law or executive action that violates the Constitution. Its basis lies in Article 13, which voids laws inconsistent with the fundamental rights, and in Articles 32 and 226, which let citizens approach the courts. In Kesavananda Bharati (1973) and later in L. Chandra Kumar (1997), the Supreme Court held that judicial review is part of the basic structure, so it cannot be removed even by a constitutional amendment. Option B is wrong because courts test only whether a law is constitutional, not whether it is wise or good policy; that belongs to the legislature. Option C is wrong because Indian courts do not examine bills before the President's assent; they review laws after enactment, apart from the advisory route of Article 143. Option D is wrong because a court reconsidering its own judgement is the review power under Article 137, a different thing. Exam tip: Judicial review — Articles 13, 32, 226; part of the basic structure; idea borrowed from the USA.
Practice Questions
View allWhich one of the following does not fall under the jurisdiction of the apex court of India?
- A.Original Jurisdiction
- B.Appellate Jurisdiction
- C.Collegiate Jurisdiction
- D.Advisory Jurisdiction
Show answer
The Constitution gives the Supreme Court no such jurisdiction; the collegium is only the system by which senior judges recommend appointments.
Read the full explanation →Who among the following had the shortest span in office as the Prime Minister of India?
- A.Lal Bahadur Shastri
- B.Chaudhary Charan Singh
- C.Chandra Shekhar
- D.H. D. Deve Gowda
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Among the four, Charan Singh held office for the shortest time, about 170 days. He became Prime Minister on 28 July 1979 after the Janata government of Morarji Desai fell, but resigned on 20 August 1979 without ever facing Parliament, when the Congress withdrew its support.
Read the full explanation →Who among the following was the Chairman of the National Commission for Review of the Working of the Constitution (2000)?
- A.Justice M.N. Venkatachaliah
- B.Justice J.S. Verma
- C.Justice Ranganath Mishra
- D.Justice Y.K. Sabharwal
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Venkatachaliah. The National Commission to Review the Working of the Constitution was set up by the Union government in February 2000 under Justice M.N.
Read the full explanation →Which one of the following Articles of the Constitution of India requires the Prime Minister of India to furnish information related to decisions of the Council of Ministers to the President of India ?
- A.Article 78
- B.Article 74
- C.Article 75
- D.Article 81
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Article 78 sets out the duties of the Prime Minister towards the President, chief among them keeping the President informed.
Read the full explanation →Consider the following statements :
1. In India, the Special Marriage Act protects an individual if one enters into an interreligious marriage.
2. Right to marry a person of one's choice is an integral aspect of one's Fundamental Rights under Article 21 of the Constitution of India.
3. The Universal Declaration of Human Rights also resonates marital rights of every adult consenting individuals.
Which of the statements given above is/are correct?
- A.2 and 3 only
- B.1 and 3 only
- C.1,2 and 3
- D.1 only
Show answer
All three statements are correct. The Special Marriage Act, 1954 lets any two Indians marry by civil registration whatever their religion, without either partner having to convert, so it is the law that covers inter-religious marriages.
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