All questions of Central Government, Parliament & Judiciary for BPSC (Bihar) Exam

A

• There are some bills which require the prior recommendation of the President before their introduction in the Parliament. These bills are:

Analysis of Correctly Matched Pairs:
1. Regulating Act of 1773: Established Supreme Court of Judicature at Calcutta
- The Regulating Act of 1773 indeed established the Supreme Court of Judicature at Calcutta, which was the first Supreme Court in India.
2. India High Courts Act 1861: Created High Courts for various provinces
- The India High Courts Act of 1861 was enacted to create High Courts in different provinces of India, providing a more organized system of justice at the provincial level.
3. Supreme Court (Number of Judges) Bill of 2019: Increased judicial strength from 31 to 34
- The Supreme Court (Number of Judges) Bill of 2019 aimed to increase the judicial strength of the Supreme Court from 31 to 34 judges to help manage the increasing workload and backlog of cases.

Conclusion:
Out of the given pairs, three pairs are correctly matched based on the historical and legislative context of each act. These acts played crucial roles in shaping the judicial system in India and had a significant impact on the administration of justice in the country.

The Powers of the President of India

The President of India is the head of state and the commander-in-chief of the Indian Armed Forces. The powers of the President of India are listed in the Constitution of India. Let's discuss the powers of the President of India in detail.

Appointment of Inter-state Council

The President of India can appoint an inter-state council to promote Centre-state and inter-state cooperation. The inter-state council is a constitutional body that was set up in 1990 to promote cooperation between states and the Centre. The council is headed by the Prime Minister and has chief ministers of all the states and Union Territories as members. The council discusses issues related to Centre-state relations and inter-state relations and makes recommendations to the Centre and states. The President has the power to appoint the members of the council and can also dissolve the council.

Direct Administration of Union Territories

The President of India directly administers the union territories through administrators appointed by him. India has seven union territories, and the President appoints an administrator for each of them. The administrator is responsible for the administration of the union territory and reports directly to the President. The administrator has the power to make laws for the union territory, subject to the approval of the President.

Powers Concerning the Administration of Scheduled Areas and Tribal Areas

The President of India can declare an area as scheduled area and has powers concerning the administration of scheduled areas and tribal areas. A scheduled area is an area in which the tribal population is in the majority or in which the tribal population is significantly higher than the rest of the population. The President has the power to declare an area as a scheduled area and can also make regulations for the administration of scheduled areas. The President can also nominate members to the advisory council for the welfare of the scheduled tribes.

Conclusion

In conclusion, the powers of the President of India are significant, and the President plays a crucial role in the governance of the country. The President has the power to appoint an inter-state council, directly administer union territories, and has powers concerning the administration of scheduled areas and tribal areas. These powers ensure that the President can effectively carry out his duties and responsibilities as the head of state.

All of them.

Judicial powers of the President of India

The President of India is the head of the Indian judiciary and exercises various judicial powers. The correct option is (a) 1 and 2. Let's understand these powers in detail:

1. Appointment of judges of the Supreme Court of India:
The President of India has the power to appoint the judges of the Supreme Court of India. This power is exercised in consultation with the Chief Justice of India and other senior judges of the Supreme Court.

2. Pardoning a death sentence:
The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This power is exercised under Article 72 of the Indian Constitution.

3. Sending a bill for reconsideration to the concerned state legislature:
This power is not a judicial power of the President of India. It falls under the legislative powers of the President. The President can send a bill passed by the state legislature for reconsideration. However, the President cannot reject or amend the bill.

Conclusion:
Thus, the correct option is (a) 1 and 2. The President of India has the power to appoint judges of the Supreme Court and to grant pardon or reprieve in case of death sentence.

Dr BR Ambedkar stated, 'If any functionary under our constitution is to be compared with the US president, he is the Prime Minister and not the president of the Union'.

Besides the Parliament's power to legislate directly on the state subjects under exceptional situations, the Constitution empowers the Centre to exercise control over the state's legislative matters in the above-mentioned ways.

B

The Public Accounts Committee (PAC) is a standing committee of Parliament of India. Its main function is to examine the audit report of the Comptroller and Auditor General (CAG) after it is laid in the Parliament. The correct answer is option C, which means both statements are correct.

Functions of Public Accounts Committee:

1. Examination of Appropriation Accounts: The PAC examines the Appropriation Accounts of the Union government. Appropriation accounts show the details of expenditure and receipts of the government during a financial year. The PAC examines the accounts to ensure that the money was spent for the purpose for which it was granted by the Parliament.

2. Examination of Finance Accounts: The PAC examines the Finance Accounts of the Union government. Finance accounts show the details of receipts and expenditure of the government during a financial year. The PAC examines the accounts to ensure that the money was spent within the limits of the grants and appropriations sanctioned by the Parliament.

3. Examination of Accounts of State Corporations: The PAC also examines the accounts of state corporations. These corporations are set up by the state governments to undertake various activities, such as power generation, road construction, and irrigation projects. The PAC examines the accounts to ensure that the money was spent for the purpose for which it was granted by the state government.

4. Examination of CAG Audit Reports: The PAC examines the audit reports of the CAG after they are laid in the Parliament. The audit reports point out the irregularities and deficiencies in the financial management of the government. The PAC examines these reports and makes recommendations to improve the financial management of the government.

5. Scrutiny of Public Expenditure: The PAC scrutinizes the public expenditure to ensure that there is no wasteful expenditure and that the money is spent in a judicious and efficient manner.

In conclusion, the Public Accounts Committee plays an important role in ensuring accountability and transparency in the financial management of the government. It examines the accounts of the government and makes recommendations to improve the financial management of the government.

The correct answer is option 'D', which states that the rules committee in the Rajya Sabha consists of 16 members including the chairman. Let's understand the role and composition of the rules committee in the Rajya Sabha in detail.

Role of the Rules Committee in the Rajya Sabha:
- The Rajya Sabha is the upper house of the Parliament of India, and it has its own set of rules and procedures to conduct its business effectively.
- The rules committee is responsible for formulating and recommending changes to the rules and procedures of the Rajya Sabha.
- It plays a crucial role in ensuring the smooth functioning of the Rajya Sabha by reviewing, revising, and updating the rules as per the changing needs and requirements.

Composition of the Rules Committee in the Rajya Sabha:
- The rules committee consists of members who are elected by the Rajya Sabha itself.
- According to the current composition, the rules committee consists of 16 members, including the chairman.
- The chairman of the Rajya Sabha, who is the Vice President of India, serves as the ex-officio chairman of the rules committee.
- The remaining 15 members of the committee are nominated by the Chairman of the Rajya Sabha.
- These members are selected based on their experience, expertise, and representation from various political parties and groups in the Rajya Sabha.
- The members of the committee are usually senior and experienced parliamentarians who have a good understanding of the functioning and procedures of the Rajya Sabha.

Responsibilities of the Rules Committee in the Rajya Sabha:
- The main responsibility of the rules committee is to examine and suggest changes to the rules and procedures of the Rajya Sabha.
- It considers proposals for amending the rules and procedures brought by the Chairman of the Rajya Sabha, the Leader of the House, or any member of the Rajya Sabha.
- The committee also examines the rules and procedures of other legislatures within India and in other countries to incorporate best practices and make necessary recommendations.
- It reviews the functioning of the Rajya Sabha and suggests measures to improve its efficiency, effectiveness, and transparency.
- The committee also provides guidance and clarifications to the members of the Rajya Sabha regarding the interpretation and application of the rules and procedures.

In conclusion, the rules committee in the Rajya Sabha consists of 16 members, including the chairman. It is responsible for formulating, reviewing, and recommending changes to the rules and procedures of the Rajya Sabha to ensure its smooth functioning and effectiveness.

Explanation:
Statement-I: The Vice-President of India can hold office beyond 5 years until a successor takes charge.
Statement-II: The Vice-President of India can be reelected any number of times.

Analysis:
- The Constitution of India states that the Vice-President shall hold office for a term of 5 years.
- However, there is no limit on the number of times a Vice-President can be reelected.
- So, the Vice-President can hold office beyond 5 years until a successor takes charge, but there is no provision for the Vice-President to hold office indefinitely.

Conclusion:
- Therefore, Statement-I is correct as per the Constitution of India.
- Statement-II is incorrect as there is no provision for the Vice-President to be reelected any number of times.

Explanation:
According to Article 111 of the Indian Constitution, when a bill is passed by both houses of Parliament, it is presented to the President for his assent. The President can do the following:

1. Give his assent: If the President gives his assent, the bill becomes an act and comes into force.

2. Withhold his assent: If the President withholds his assent, the bill is dropped, and it does not become an act.

3. Return the bill for reconsideration: If the President returns the bill for reconsideration, the Parliament can make changes to the bill and pass it again. If the bill is passed again and presented to the President, he must give his assent.

4. Exercise suspensive veto power: If the President exercises suspensive veto power, he can withhold his assent to the bill for a maximum of six months. If the bill is not passed again by Parliament in the meantime, it lapses.

However, the President cannot withhold his assent to a money bill. A money bill is a bill that deals with taxation, borrowing of money by the government, or expenditure from the Consolidated Fund of India. It is deemed to be passed by both houses of Parliament if it is passed by the Lok Sabha (the lower house of Parliament) and transmitted to the Rajya Sabha (the upper house of Parliament) within 14 days. The Rajya Sabha can only make recommendations on the bill, and the Lok Sabha can either accept or reject these recommendations. The President cannot return a money bill for reconsideration.

Thus, in the matter of State legislation, the President may withhold his assent to any bill reserved for his consideration except money bills.

Article 87(1) of the Constitution provides for this. This is the case of the first session after each general election to the Lok Sabha; the President addresses both Houses of Parliament assembled after the Members have made and subscribed the oath or affirmation and the Speaker has been elected.

Explanation:

Article 123 of the Indian Constitution:
Article 123 of the Indian Constitution grants the President of India the power to promulgate ordinances during the recess of Parliament. An ordinance is a temporary law that has the same effect as an act of Parliament. However, it is temporary in nature and needs to be approved by Parliament within a specified period.

1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament:
This statement is incorrect. According to Article 123(1) of the Constitution, the President can promulgate an ordinance only when both Houses of Parliament are not in session. If both Houses are in session, the President cannot exercise this power. The purpose of granting this power to the President is to ensure that urgent and immediate action can be taken in situations when Parliament is not in session.

When an ordinance is promulgated, it must be laid before both Houses of Parliament when they reassemble. The ordinance will cease to operate at the expiration of six weeks from the reassembly of Parliament, or if disapproved by either House before that period. Therefore, an ordinance made when both Houses are in session is not valid.

2. An ordinance cannot be used to amend the constitution:
This statement is correct. The power to amend the Constitution lies with the Parliament, and not with the President. The President is only empowered to promulgate ordinances on matters that fall within the legislative competence of Parliament. The Constitution can only be amended through the prescribed procedure under Article 368, which involves the introduction and passage of a constitutional amendment bill in both Houses of Parliament, followed by ratification by the states, if required.

Therefore, the correct answer is option 'B' - 2 only.

Understanding the Statements
The statements revolve around the powers of the President and the Chief Justice of India regarding the appointment of judges in the Supreme Court.
Statement-I: Correctness
- The President of India does have the authority to appoint an acting Chief Justice of India.
- This can occur in circumstances such as the Chief Justice's absence or when the position is temporarily vacant.
Statement-II: Correctness
- The Chief Justice of India can appoint ad hoc judges.
- This appointment is made when there is an absence of a quorum of permanent judges in the Supreme Court, ensuring that the court can continue to function effectively.
Relationship Between Statements
- Both statements are correct independently.
- Statement-II elaborates on a specific provision related to judicial appointments, but it does not directly explain the mechanism for appointing an acting Chief Justice.
Conclusion
- Since both statements are accurate and Statement-II provides additional context without explaining Statement-I, the correct answer is option B.
- This highlights the constitutional provisions that ensure the smooth functioning of the judiciary in India.
In summary, both statements reflect the procedures and powers related to judicial appointments in the Supreme Court, affirming the robustness of India's judicial system.

A)1and2 only

1. The President of India can declare war or peace only with the approval of Parliament.
- This statement is correct. The President of India acts on the aid and advice of the Council of Ministers, headed by the Prime Minister. Therefore, the declaration of war or peace requires the approval of Parliament.

2. The President of India serves a term of six years from the date of assuming office.
- This statement is incorrect. The President of India serves a term of five years from the date of assuming office, as per Article 56 of the Indian Constitution.

3. The President can continue in office until the successor takes over and is eligible for re-election for multiple terms.
- This statement is correct. The President can continue in office until the successor takes over and is eligible for re-election for multiple terms, as there is no specific limit on the number of terms a President can serve in India.
Therefore, the correct answer is option 'C' - 1 and 3 Only.

B) Only 1, 2, and 4

Explanation:

The correct answer is option 'B', 1 and 2 only. Let's analyze each statement to understand why.

Statement 1: They are not mentioned in the Constitution.

- This statement is correct. Cabinet Committees are not explicitly mentioned in the Constitution of India. The Constitution only mentions the existence of the Council of Ministers, which is headed by the Prime Minister.

Statement 2: They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation.

- This statement is correct. Cabinet Committees are formed by the Prime Minister based on the specific needs and requirements of the government. The Prime Minister has the authority to establish and dissolve these committees as and when required.

Statement 3: The Cabinet cannot review the decisions taken by Cabinet Committees.

- This statement is incorrect. The decisions taken by Cabinet Committees are subject to review by the Cabinet. The Cabinet is the supreme decision-making body and has the power to review, modify, or reject the recommendations made by the Cabinet Committees.

Therefore, only statements 1 and 2 are correct, and the correct answer is option 'B' - 1 and 2 only.

The correct answer is option 'D': All of them.

The cabinet plays multiple roles in the functioning of the government. Let's discuss each role in detail:

1. Chief Policy Formulating Body of the Central Government:
The cabinet is responsible for formulating and implementing policies that guide the functioning of the central government. It is the highest decision-making body where policies are discussed, debated, and approved. The cabinet members, who are senior ministers, provide inputs, suggestions, and recommendations on various policy matters. They also analyze the potential impact of policies on different sectors and sections of society. Once a policy is finalized, it is implemented through various government departments and agencies.

2. Dealing with Major Legislative Matters:
The cabinet plays a crucial role in the legislative process. It is responsible for proposing and introducing major bills and legislations in the parliament. Cabinet members, who are also members of parliament, take part in the legislative debates, discussions, and voting. They present the government's perspective on various bills and work towards their passage. The cabinet also reviews and approves the draft bills prepared by different ministries before they are presented in the parliament.

3. Handling Foreign Policies and Foreign Affairs:
The cabinet is responsible for formulating and implementing foreign policies of the country. It deals with matters related to international relations, diplomacy, and foreign affairs. Cabinet members, including the Prime Minister and the Minister of External Affairs, represent the country in international forums, negotiations, and summits. They engage in bilateral and multilateral discussions with other countries to promote the country's interests, maintain peace and security, and enhance economic cooperation. The cabinet also takes decisions on matters like signing international treaties, agreements, and conventions.

In summary, the cabinet plays a pivotal role in policy formulation, legislative matters, and foreign affairs. It serves as the chief decision-making body of the central government, ensuring effective governance and representing the country's interests at the national and international levels.

The Power of Judicial Review

The power of judicial review refers to the authority of the judiciary to review and strike down any legislation or executive action that is found to be unconstitutional or in violation of the basic structure of the Constitution. This power is an essential feature of a democratic system and is aimed at ensuring that the government operates within the limits of the Constitution.

Statement 1: The Supreme Court has declared the power of judicial review as a basic feature of the Constitution or an element of the basic structure of the Constitution.

This statement is correct. In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the power of judicial review is an essential feature of the Constitution and is part of the basic structure of the Constitution. The Court also stated that this power cannot be taken away by the legislature through the process of constitutional amendment.

Statement 2: The power of judicial review can be curtailed or excluded by a constitutional amendment.

This statement is incorrect. As mentioned above, the Supreme Court has held that the power of judicial review is an essential feature of the Constitution and cannot be taken away by the legislature through the process of constitutional amendment. Any attempt to do so would be unconstitutional and would be struck down by the courts.

Conclusion:

In conclusion, statement 1 is correct, while statement 2 is incorrect. The power of judicial review is an essential feature of the Constitution and cannot be curtailed or excluded by a constitutional amendment.

The President nominates 12 members to the Rajya Sabha based on specific criteria:

The Rajya Sabha is the upper house of the Parliament of India, and its members are either elected by the members of the State Legislative Assemblies or nominated by the President. The President can nominate 12 members to the Rajya Sabha based on certain criteria. Among the given options, the correct answer is option 'B', which states that the President can nominate individuals who have special knowledge or practical experience in art, literature, science, and social service.

Explanation:

The Rajya Sabha plays a crucial role in the legislative process of India. It represents the interests of the states and serves as a platform for debate and discussion on matters of national importance. The President's power to nominate members to the Rajya Sabha ensures the inclusion of individuals with diverse backgrounds and expertise, enriching the legislative process.

Criteria for nomination:

1. Special knowledge or practical experience: The President can nominate individuals who have special knowledge or practical experience in art, literature, science, and social service. This criterion allows for the inclusion of experts and professionals from various fields who can contribute their expertise to the legislative proceedings. It ensures a holistic representation of society and helps in making well-informed decisions on policies and laws affecting these domains.

2. Importance of art, literature, science, and social service: By nominating individuals with expertise in art, literature, science, and social service, the President recognizes the significance of these fields in shaping the cultural and intellectual fabric of the nation. It acknowledges the role of artists, writers, scientists, and social workers in contributing to the nation's progress and development.

3. Supplementing the elected members: The nomination of individuals with special knowledge or practical experience complements the elected members of the Rajya Sabha. While elected members represent the interests of the states, the nominated members bring in their domain-specific expertise, adding value to the legislative process.

Conclusion:

The President's power to nominate members to the Rajya Sabha allows for the inclusion of individuals with special knowledge or practical experience in art, literature, science, and social service. This provision ensures a diverse representation and enriches the legislative proceedings with expertise from various fields. By nominating such individuals, the President acknowledges the importance of these domains in shaping the nation's progress and development.

Understanding the Ordinance-Making Power of the President
The ordinance-making power of the President of India is an essential aspect of governance, particularly in situations where immediate legislative action is required. Here’s a detailed analysis of the two statements provided:
Statement I: Correct
- The President can issue ordinances when Parliament is not in session. This is crucial for ensuring that urgent legislative measures can be enacted without waiting for the Parliament to convene.
- Ordinances can be issued under Article 123 of the Indian Constitution, which allows the President to legislate by ordinance in matters where Parliament has the authority to make laws.
Statement II: Incorrect
- While the President has the power to issue ordinances, this power is not unlimited. There are specific conditions and limitations surrounding its exercise.
- The ordinance must be approved by Parliament within six weeks of reassembly; otherwise, it ceases to operate. This means the ordinance-making power is subject to checks and balances, ensuring it cannot be used arbitrarily.
Conclusion
- Since Statement I accurately describes the conditions under which the President can issue ordinances, but Statement II falsely claims that there are no limitations on this power, the correct answer is option 'C': "Statement I is correct, but Statement II is incorrect."
In summary, the ordinance-making power is a vital legislative tool for the President, but it is governed by constitutional limitations to prevent misuse.

1. The American Vice President succeeds to the presidency when it falls vacant, and remains President for the unexpired term of his predecessor.
   • This statement is correct. According to the U.S. Constitution and the Presidential Succession Act, if the President of the United States dies, resigns, is removed from office, or is otherwise unable to serve, the Vice President automatically becomes President and serves for the remainder of the original term.
2. The Indian Vice-President, on the other hand, does not assume the office of the President when it falls vacant for the unexpired term.
   • This statement is also correct. In India, when the office of the President falls vacant, the Vice-President serves as the Acting President until a new President is elected. The Vice-President does not become the President for the remainder of the original term but only holds the office temporarily.

The Supreme Court examined the President's pardoning power under different cases and laid down the following principles.

Explanation:

The correct option is D i.e. None of the above statements are correct. Let's understand why:

1. Ordinances can only be made from subjects in the Union List by the Union executive: This statement is incorrect because ordinances can be made on subjects in all three lists i.e. Union List, State List, and Concurrent List. However, the President cannot promulgate an ordinance on a matter that falls under the State List without the prior recommendation of the concerned state government.

2. All ordinances made by the state executive are null and void if made without the President's prior recommendation: This statement is also incorrect because the state executive cannot make ordinances. Only the Governor can promulgate an ordinance on matters that fall under the State List, but only when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.

Therefore, both statements are incorrect.

Conclusion:

Ordinances are temporary laws that can be made by the President or the Governor when the Parliament or state legislature is not in session. They can be made on subjects in all three lists. However, the President cannot promulgate an ordinance on a matter that falls under the State List without the prior recommendation of the concerned state government. Similarly, the Governor can promulgate an ordinance on matters that fall under the State List, but only when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.

Analysis of the Statements
To determine the correctness of the statements, let's evaluate each one in detail.
Statement 1: Suspension of Fundamental Rights
- During a national emergency, certain fundamental rights can indeed be suspended.
- However, not all fundamental rights are suspended; specifically, the rights under Articles 20 and 21 (protection in respect of conviction for offenses and protection of life and personal liberty) cannot be suspended.
- Therefore, this statement is incorrect.
Statement 2: Imposition of President's Rule
- The President can impose President's Rule in a state under Article 356 of the Constitution due to the failure of constitutional machinery.
- This is valid when the state government cannot function according to the provisions of the Constitution.
- Hence, this statement is correct.
Statement 3: Directives during Financial Emergency
- Under Article 360, during a Financial Emergency, the President can indeed issue directives to reduce salaries and allowances of government officials, which includes judges.
- This provision allows the government to manage the financial crisis effectively.
- Consequently, this statement is correct.
Conclusion
- Based on the evaluations:
- Statement 1 is incorrect.
- Statements 2 and 3 are correct.
Thus, the correct answer is option C: 2 and 3 only.

Answer:

The President's Assent to Bills Passed by Parliament

The process of making a bill into law in India involves passing it through both houses of Parliament and then sending it to the President for his assent. The President can either give his assent to the bill or send it back to the Parliament for reconsideration.

Options:

1. The President can send the bill back to the Parliament asking it to reconsider the bill.

This statement is true. The President of India has the power to send a bill back to the Parliament if he feels that it needs to be reconsidered. This is known as the power of veto. If the bill is sent back, the Parliament can either make changes to the bill and send it back to the President for his assent, or it can choose to override the veto by passing the bill with a two-thirds majority in both houses.

2. There is no time limit mentioned in the constitution for the President to approve these bills.

This statement is also true. There is no time limit mentioned in the constitution for the President to give his assent to a bill. However, if the President does not give his assent within a reasonable amount of time, the bill is deemed to have been given assent and becomes law.

3. The President is constitutionally authorised to send and introduce legislative proposals in the Parliament.

This statement is false. While the President does have certain powers to initiate legislation, he is not constitutionally authorised to introduce legislative proposals in the Parliament. The power to introduce bills lies with the members of Parliament.

Therefore, the correct answer is option A, which includes statements 1 and 2 only.

Statement Analysis:

Statement I:
- The President's pardoning power includes granting pardons, commutations, remissions, respites, and reprieves.

Statement II:
- The President exercises the pardoning power independently without any advice from the Union Cabinet.

Explanation:

Statement I:
- The pardoning power of the President indeed includes the ability to grant various forms of pardons such as pardons, commutations, remissions, respites, and reprieves. This power is granted under Article 72 of the Indian Constitution, which empowers the President to grant pardons and to suspend, remit, or commute sentences in certain cases.

Statement II:
- However, the President does not exercise the pardoning power independently. In practice, the President is required to act on the advice of the Union Cabinet while exercising the pardoning power. The advice of the Council of Ministers is necessary for the President to make informed decisions regarding pardons and commutations.

Conclusion:
- Therefore, while Statement I is correct in explaining the extent of the President's pardoning power, Statement II is incorrect as the President does not exercise this power independently without the advice of the Union Cabinet.

The function of the committee is to examine case involving breach of privilege of the House or of the members of any committee referred to it by the House or by the Speaker and to make suitable recommendations in its report. The Lok Sabha committee and the Rajya Sabha committee consist of 15 and 10 members respectively.

The doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury V. Madison (1803) by John Marshall, the then chief justice of the American Supreme Court. In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts).