Q92. 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 judgments given earlier in similar or different cases
The correct answer is Option 1.
- Judicial Review
- The most widely accepted definition of judicial review is the power of the courts or Judiciary to consider the constitutionality of executive and legislative acts. Hence, option 1 is correct.
- It declares executive and legislative acts unconstitutional if they violate or are inconsistent with the fundamental principles of the Constitution.
- Article 13(2) of the Indian Constitution states that the Union or States shall not make any law that takes away or abridges any of the fundamental rights, and any law made in violation of the aforementioned mandate shall be void to the extent of the contravention.
- The scope of judicial review before Indian courts has evolved in three dimensions – firstly, to ensure fairness in administrative action, secondly, to protect the constitutionally guaranteed fundamental rights of citizens, and thirdly, to rule on questions of legislative competence between the centre and the states.
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