Laxmikanth Test: Judicial Review & Judicial Activism- 1


10 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test: Judicial Review & Judicial Activism- 1


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QUESTION: 1

Consider the following statements.

1. The doctrine of Judicial review originated and developed in the USA

2. In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).

Which of these statements are correct?

Solution:

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).

 

 

QUESTION: 2

Consider the following statements.

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

2. The power of judicial review can be curtailed or excluded by a constitutional amendment Which of these statements are correct?

Solution: Further, 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. Hence, the power of judicial review cannot be curtailed or excluded even by a constitutional amendment.

QUESTION: 3

Why we need Judicial review

1. To uphold the principle of the Supremacy of the constitution

2. To protect the fundamental rights of the citizens

3. To maintain Federal equilibrium 

Choose from the following options.

Solution: Judicial review is needed for the following reasons: 

(a) To uphold the principle of the supremacy of the Constitution. 

(b) To maintain federal equilibrium (balance between the Centre and the states). 

(c) To protect the Fundamental Rights of the citizens.

QUESTION: 4

Consider the following statements.

1. Judicial review has been derived from various articles like Article 13, 32 and 226

2. The function of Judicial review is a part of the Constitutional interpretation itself 

Which of these statements are correct?

Solution:

Though the phrase "Judicial Review' has nowhere been used in the Constitution, the provisions of several Articles explicitly confer the power of judicial review on the Supreme Court and the High Courts.

 

 

QUESTION: 5

The constitutional validity of a legislative enactment or an executive order can be challenged in the supreme court on the grounds:

1. It infringes the fundamental rights

2. It is outside the competence of the authority which has framed it

3. It is repugnant constitutional provisions

Choose from the following options.

Solution: The constitutional validity of a legislative enactment of an executive order can be challenged in the Supreme Court or in the High Courts on the following 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.

QUESTION: 6

Consider the following statements.

1. The scope of Judicial review in India is broader than what exists in USA

2. American constitution explicitly mention the concept of Judicial review in its provisions 

Which of these statements are not correct?

Solution: The scope of Judicial review in India is narrower than what exists in USA. American constitution does not explicitly mention the concept of Judicial review in its provisions.

QUESTION: 7

Consider the following statements.

1. American Constitution provides for 'due process of law

2. 'procedure established by law' is contained in the Indian Constitution

Which of these statements are not correct?

Solution: Both of them are correct.

QUESTION: 8

Consider the following statements.

1. The 'Procedure established by law' gives wide scope to the Supreme Court to grant protection to the rights of its citizens

2. It can declare laws violative of these rights void not only on substantive grounds of being unlawful but also on procedural grounds of being unreasonable 

Which of these statements are not correct?

Solution:

The scope of judicial review in India is narrower than that of what exists in USA, though the American Constitution does not explicitly mention the concept of judicial review in any of its provisions. This is because, the American Constitution provides for 'due process of law' against that of 'procedure established by law' which is contained in the Indian Constitution. The difference between the two is: 'The due process of law gives wide scope to the Supreme Court to grant protection to the rights of its citizens. It can declare laws violative of these rights void not only on substantive grounds of being unlawful, but also on procedural grounds of being unreasonable.

Our Supreme Court, while determining the constitutionality of a law, however examines only the substantive question i.e., whether the law is within the powers of the authority concerned or not. It is not expected go into the question of its reasonableness, suitability or policy implications.'

QUESTION: 9

Consider the following statements.

1. Our Supreme Court, while determining the constitutionality of a law, examines only the substantive question i.e., whether the law is within the powers of the authority concerned or not.

2. It is not expected to go into the question of its reasonableness, suitability or policy implications

Which of these statements are not correct?

Solution:

The American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ which is contained in the Indian Constitution.

  • The ‘due process of law’ gives wide scope to the Supreme Court to grant protection to the rights of its citizens. It can declare laws violative of these rights void not only on substantive grounds of being unlawful, but also on procedural grounds of being unreasonable.
  • Indian Supreme Court, while determining the constitutionality of a law, however examines only the substantive question i.e., whether the law is within the powers of the authority concerned or not. It is not expected to go into the question of its reasonableness, suitability or policy implications.
QUESTION: 10

Consider the following statements.

1. The term Judicial review was first coined by Arthur Schlesinger Jr

2. The term judicial activism was first coined by John Marshall

Which of these statements are not correct?

Solution: The term Judicial Activism was first coined by Arthur Schlesinger Jr. The term judicial Review was first coined by John Marshall.

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