UPSC Exam > UPSC Questions > In the context of judicial interpretation, th...
Start Learning for Free
In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?
- a)The presumption that the Preamble to the Indian Constitution is an essential part of it.
- b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.
- c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.
- d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.
Correct answer is option 'B'. Can you explain this answer?
| FREE This question is part of | Download PDF Attempt this Test |
Verified Answer
In the context of judicial interpretation, the presumption of constitu...
• In constitutional law, the presumption of constitutionality is the legal principle that the judiciary should presume statutes enacted by the legislature to be constitutional unless the law is clearly unconstitutional or a fundamental right is implicated. Hence, a court cannot declare legislation to be constitutional as there is any way a presumption of constitutionality. Hence option (b) is the correct answer.
• The 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014 which created a National Judicial Appointments Commission (NJAC)responsible for the appointment and transfer of judges to the higher judiciary in India. The Constitution Bench of Supreme Court by 4:1 Majority upheld the collegium system and struck down the NJAC as unconstitutional after hearing the petitions filed by several persons and bodies. Hence, the 99th constitutional amendment act violated the presumption of constitutionality.
• The court ought not to interpret the statutory provisions, unless compelled by their language, in such a manner as would involve its unconstitutionality, since the legislature of the rulemaking authority is presumed to enact a law which does not contravene or violate the constitutional provisions. Therefore, there is a presumption in favor of the constitutionality of legislation or statutory rule unless ex facie it violates the fundamental rights guaranteed under Part III of the Constitution
• Article 13: Laws inconsistent with or in derogation of the fundamental rights
• The 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014 which created a National Judicial Appointments Commission (NJAC)responsible for the appointment and transfer of judges to the higher judiciary in India. The Constitution Bench of Supreme Court by 4:1 Majority upheld the collegium system and struck down the NJAC as unconstitutional after hearing the petitions filed by several persons and bodies. Hence, the 99th constitutional amendment act violated the presumption of constitutionality.
• The court ought not to interpret the statutory provisions, unless compelled by their language, in such a manner as would involve its unconstitutionality, since the legislature of the rulemaking authority is presumed to enact a law which does not contravene or violate the constitutional provisions. Therefore, there is a presumption in favor of the constitutionality of legislation or statutory rule unless ex facie it violates the fundamental rights guaranteed under Part III of the Constitution
• Article 13: Laws inconsistent with or in derogation of the fundamental rights
Most Upvoted Answer
In the context of judicial interpretation, the presumption of constitu...
The Presumption of Constitutionality in Judicial Interpretation
The presumption of constitutionality is a fundamental principle in judicial interpretation, particularly in the context of constitutional law. It refers to the judicial presumption that a statute enacted by the legislature is constitutional unless it is clearly unconstitutional or violates a fundamental right.
Explanation of Option B:
Option B correctly describes the presumption of constitutionality. According to this presumption, the judiciary assumes that a statute enacted by the legislature is constitutional unless there is clear evidence to the contrary. This presumption is based on the principle of separation of powers and the understanding that the legislature is the primary body responsible for making laws. The judiciary, therefore, gives deference to legislative decisions and interprets statutes in a manner that upholds their constitutionality, unless there are compelling reasons to declare them unconstitutional.
Reasoning behind the Presumption of Constitutionality:
The presumption of constitutionality serves several important purposes:
1. Promotes Legislative Primacy: By presuming the constitutionality of statutes, the judiciary respects the principle of separation of powers and acknowledges that the legislature has the primary responsibility to make laws. This ensures that the judiciary does not encroach upon the legislative domain and respects the democratic process.
2. Promotes Judicial Restraint: The presumption of constitutionality encourages judicial restraint, as it requires the judiciary to exercise caution before declaring a statute unconstitutional. This prevents excessive judicial interference in the functioning of the legislature and promotes stability and predictability in the legal system.
3. Promotes Legal Certainty: The presumption of constitutionality provides legal certainty by upholding the validity of laws unless there are clear grounds for their unconstitutionality. This allows individuals and institutions to rely on the law and ensures a stable legal framework for society.
4. Promotes Constitutional Harmony: The presumption of constitutionality helps maintain the balance between the legislature and the judiciary. It recognizes that the judiciary has the power of judicial review to strike down unconstitutional laws, but also acknowledges the legislature's role in lawmaking. By presuming constitutionality, the judiciary encourages a harmonious interpretation of the constitution, avoiding unnecessary conflicts between the two branches of government.
In conclusion, the presumption of constitutionality is a crucial principle in judicial interpretation. It ensures that statutes enacted by the legislature are given deference and interpreted in a manner that upholds their constitutionality, unless there are compelling reasons to declare them unconstitutional. This presumption promotes legislative primacy, judicial restraint, legal certainty, and constitutional harmony.
The presumption of constitutionality is a fundamental principle in judicial interpretation, particularly in the context of constitutional law. It refers to the judicial presumption that a statute enacted by the legislature is constitutional unless it is clearly unconstitutional or violates a fundamental right.
Explanation of Option B:
Option B correctly describes the presumption of constitutionality. According to this presumption, the judiciary assumes that a statute enacted by the legislature is constitutional unless there is clear evidence to the contrary. This presumption is based on the principle of separation of powers and the understanding that the legislature is the primary body responsible for making laws. The judiciary, therefore, gives deference to legislative decisions and interprets statutes in a manner that upholds their constitutionality, unless there are compelling reasons to declare them unconstitutional.
Reasoning behind the Presumption of Constitutionality:
The presumption of constitutionality serves several important purposes:
1. Promotes Legislative Primacy: By presuming the constitutionality of statutes, the judiciary respects the principle of separation of powers and acknowledges that the legislature has the primary responsibility to make laws. This ensures that the judiciary does not encroach upon the legislative domain and respects the democratic process.
2. Promotes Judicial Restraint: The presumption of constitutionality encourages judicial restraint, as it requires the judiciary to exercise caution before declaring a statute unconstitutional. This prevents excessive judicial interference in the functioning of the legislature and promotes stability and predictability in the legal system.
3. Promotes Legal Certainty: The presumption of constitutionality provides legal certainty by upholding the validity of laws unless there are clear grounds for their unconstitutionality. This allows individuals and institutions to rely on the law and ensures a stable legal framework for society.
4. Promotes Constitutional Harmony: The presumption of constitutionality helps maintain the balance between the legislature and the judiciary. It recognizes that the judiciary has the power of judicial review to strike down unconstitutional laws, but also acknowledges the legislature's role in lawmaking. By presuming constitutionality, the judiciary encourages a harmonious interpretation of the constitution, avoiding unnecessary conflicts between the two branches of government.
In conclusion, the presumption of constitutionality is a crucial principle in judicial interpretation. It ensures that statutes enacted by the legislature are given deference and interpreted in a manner that upholds their constitutionality, unless there are compelling reasons to declare them unconstitutional. This presumption promotes legislative primacy, judicial restraint, legal certainty, and constitutional harmony.
Free Test
FREE
| Start Free Test |
Community Answer
In the context of judicial interpretation, the presumption of constitu...
B
Attention UPSC Students!
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.
|
Explore Courses for UPSC exam
|
|
Similar UPSC Doubts
Top Courses for UPSCView all
In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer?
Question Description
In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer?.
In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer?.
Solutions for In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice In the context of judicial interpretation, the presumption of constitutionality is best described as which of the following?a)The presumption that the Preamble to the Indian Constitution is an essential part of it.b)The presumption of the judiciary that a statute enacted by the legislature are constitutional unless it is clearly unconstitutional or a fundamental right is implicated by it.c)The belief that those basic features of the Indian Constitution which are not explicitly mentioned in the Constitution are implicit.d)The logic of dividing power between the Centre and the states in those matters which are not explicitly mentioned in the Constitution.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice UPSC tests.
|
|
Explore Courses for UPSC exam
|
|
Suggested Free Tests
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup