In India, Judicial Review implies

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Q: 92 (IAS/2017)
In India, Judicial Review implies
Consider the following statements: 1. The Constitution of India defines its ‘basic structure’ in termsof federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for ‘judicial review’ to safeguard the ‘citizens’ liberties and to preserve the ideals on which the constitution is based. Q. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,358,160,358,60,25,75

keywords: 

{'judicial review': [3, 0, 0, 2], 'judiciary': [1, 0, 0, 2], 'constitutionality': [0, 0, 0, 3], 'own judgements': [0, 0, 0, 1], 'legislative enactments': [0, 0, 0, 1], 'power': [24, 3, 21, 61], 'executive orders': [0, 0, 0, 1], 'laws': [8, 0, 6, 31], 'legislatures': [3, 1, 2, 6], 'india': [8, 1, 7, 13]}

The correct answer to this question is option 1: the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

Judicial Review is a fundamental principle of Indian Constitution that allows the Judiciary to review and strike down any law or executive action that is unconstitutional or violates the rights enshrined in the Constitution. This power is vested in the higher courts of India, i.e. the Supreme Court and the High Courts, and is an essential component of the doctrine of Separation of Powers.

Under the Indian Constitution, the Judiciary has the power to declare any law or executive order as unconstitutional if it violates any of the fundamental rights guaranteed by the Constitution, such as the right to equality, freedom of speech and expression, or the right to life and liberty. This power to interpret the Constitution and strike down unconstitutional laws is an essential aspect of the Judicial Review.

However, it is important to note that Judicial Review does not mean that the Judiciary can question the wisdom of laws enacted by the Legislatures. The Judiciary can only examine the constitutionality of laws and executive orders, and cannot interfere with the legislative process or the policy decisions taken by the executive branch of government.

Moreover, the power of the Judiciary to review its own judgments given earlier in similar or different cases, as mentioned in option 4, is a separate concept altogether and is known as the Doctrine of Stare Decisis. It is not related to Judicial Review.

In conclusion, Judicial Review in India implies the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders. It is an essential component of the doctrine of Separation of Powers and ensures that the government functions within the limits set by the Constitution.