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Which of these constitutional provisions give the Judiciary the power of Judicial Review?


1. Article 13 which says laws ultra vires the constitution shall be void


2. Article 32 which gives the Supreme Court the power to issue writs


3. Article 226 which gives High Courts the power to issue writs


Select the correct answer using the codes below.

  • a)
    1 and 2 only

  • b)
    2 and 3 only

  • c)
    1 only

  • d)
    1, 2 and 3

Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Which of these constitutional provisions give the Judiciary the power ...
  • Article 13 declares that all inconsistent laws with or derogation of any of the fundamental rights shall be void. In other words, it expressly provides for the doctrine of judicial review.
  • This power has been conferred on the Supreme Court (Article 32) and the High Courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.
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Most Upvoted Answer
Which of these constitutional provisions give the Judiciary the power ...
Explanation:

The power of judicial review is the power of the judiciary to review and declare the validity of laws and executive actions. In India, the power of judicial review is derived from the Constitution.

Article 13:
- Article 13 of the Indian Constitution deals with laws inconsistent with or in derogation of the fundamental rights.
- It states that any law made by the legislature that is inconsistent with or in derogation of the fundamental rights shall be void to the extent of the inconsistency.
- This means that if any law is found to be in violation of the fundamental rights guaranteed by the Constitution, it can be declared void by the judiciary.
- This provision gives the judiciary the power to review laws and declare them unconstitutional.

Article 32:
- Article 32 of the Indian Constitution gives the Supreme Court the power to issue writs.
- Writs are orders issued by the Supreme Court or High Courts to enforce fundamental rights or for any other purpose.
- The power to issue writs is an important tool for the judiciary to protect and enforce fundamental rights.
- This provision gives the Supreme Court the power to review executive or legislative actions and provide relief to individuals whose fundamental rights have been violated.

Article 226:
- Article 226 of the Indian Constitution gives the High Courts the power to issue writs.
- High Courts have the power to issue writs for the enforcement of fundamental rights or for any other purpose.
- Like the Supreme Court, the power to issue writs is an important tool for the High Courts to protect and enforce fundamental rights.
- This provision gives the High Courts the power to review executive or legislative actions and provide relief to individuals whose fundamental rights have been violated.

Conclusion:
- The power of judicial review in India is derived from the Constitution.
- Article 13, Article 32, and Article 226 are the constitutional provisions that give the judiciary the power of judicial review.
- Therefore, the correct answer is option 'D' - 1, 2, and 3.
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