Civil Services Prep

Prelims 2017 · Polity and Constitution · Question 42

In India, Judicial Review implies

  1. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
  2. the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
  3. the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
  4. the power of the Judiciary to review its own judgements given earlier in similar or different cases.

Answer

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

  • (a) Judicial Review means courts can examine the constitutionality of laws and executive actions/orders. Correct.
  • (b) Courts do not test the wisdom or desirability of a law; they test its constitutional validity. Incorrect.
  • (c) India does not have a system of mandatory judicial review of all bills before Presidential assent; review is generally post-enactment when challenged. Incorrect.
  • (d) Review of its own judgments is a separate power of review (e.g., Article 137 for Supreme Court), not the meaning of Judicial Review in this context. Incorrect.
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