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Q92·GS Paper 1 · Prelims 2017

Judicial Review in India

PolityConstitutional Powers of the JudiciaryFactual singleEasyStatic

Question

In India, Judicial Review implies

Options

a

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

Answer
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.

Explanation

Judicial Review is the power vested in the judiciary to examine the constitutionality of laws and executive orders. It allows courts to strike down any law or order found to be unconstitutional. Option (b) is incorrect because courts cannot question the wisdom or merit of laws—only their constitutional validity. Option (c) is incorrect as pre-assent review is not part of judicial review in the Indian system. Option (d) describes review of judgments, which is a different process (like appeals). The essence of judicial review is testing constitutionality, not wisdom or propriety. > Judicial Review = Constitutionality Check ≠ Wisdom Test. Answer: a.

Question details

Year

2017

Paper

GS Paper 1

Question

Q92

Subject

Polity

Sub-topic

Constitutional Powers of the Judiciary

Type

Factual single

Difficulty

Easy

Nature

Static

Source hint

NCERT Polity Ch.5 - Judicial Review

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