2017 · Polity & GovernancePrevious Year Question
Q42.
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.
Answer

A

Explanation

Judicial review is the power of judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void). The constitutional validity can be challenged on three grounds: (a) it infringes the fundamental rights (Part III), (b) it is outside the competence of the authority which has framed it, and (c) it is repugnant to the constitutional provisions.