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Consider the following statements about Judicial review
1. By way of a constitutional amendment, the Parliament can turn down a judicial ruling in so far as it conforms to the basic structure of the constitution.
2. The judiciary can review administrative acts and the decisions taken by some of the regulatory authorities in India.
Which of these is/are correct?
- a)Only 1
- b)Only 2
- c)Both
- d)None of the above
Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements about Judicial review1. By way of a...
The judiciary in India is immensely powerful. Barring a few cases, it has the right to review most acts/rules and regulations. Decisions taken by regulatory authorities like the Telecom Regulatory Authority of India (TRAI) are although subjected to Appellate Tribunals' scrutiny. They can also be challenged in the High courts and Supreme Court.
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Consider the following statements about Judicial review1. By way of a...
Explanation:
Judicial review:
Judicial review is the power of the judiciary to review and invalidate laws or decisions that violate the Constitution. It is an essential feature of a democratic system and helps in maintaining the balance of power between the three branches of government.
Statement 1: By way of a constitutional amendment, the Parliament can turn down a judicial ruling in so far as it conforms to the basic structure of the constitution.
This statement is correct. The Parliament has the power to amend the Constitution and can overturn a judicial ruling through a constitutional amendment. However, this power is limited to the extent that the amendment must conform to the basic structure of the Constitution. The basic structure doctrine was established by the Supreme Court in the Kesavananda Bharati case, which held that certain fundamental features of the Constitution cannot be amended. Therefore, while the Parliament can override a judicial ruling, it cannot do so if it violates the basic structure of the Constitution.
Statement 2: The judiciary can review administrative acts and the decisions taken by some of the regulatory authorities in India.
This statement is also correct. The judiciary has the power of judicial review over administrative acts and decisions taken by regulatory authorities. This power is derived from the constitutional provisions of the independence of the judiciary and the principle of rule of law. The judiciary can review administrative acts to ensure that they are within the scope of the law, are not arbitrary or discriminatory, and do not violate any constitutional rights.
Conclusion:
Both statements are correct. The Parliament can overturn a judicial ruling through a constitutional amendment, provided it conforms to the basic structure of the Constitution. The judiciary also has the power to review administrative acts and decisions taken by regulatory authorities. This power of judicial review is essential for upholding the rule of law and ensuring the protection of constitutional rights.
Judicial review:
Judicial review is the power of the judiciary to review and invalidate laws or decisions that violate the Constitution. It is an essential feature of a democratic system and helps in maintaining the balance of power between the three branches of government.
Statement 1: By way of a constitutional amendment, the Parliament can turn down a judicial ruling in so far as it conforms to the basic structure of the constitution.
This statement is correct. The Parliament has the power to amend the Constitution and can overturn a judicial ruling through a constitutional amendment. However, this power is limited to the extent that the amendment must conform to the basic structure of the Constitution. The basic structure doctrine was established by the Supreme Court in the Kesavananda Bharati case, which held that certain fundamental features of the Constitution cannot be amended. Therefore, while the Parliament can override a judicial ruling, it cannot do so if it violates the basic structure of the Constitution.
Statement 2: The judiciary can review administrative acts and the decisions taken by some of the regulatory authorities in India.
This statement is also correct. The judiciary has the power of judicial review over administrative acts and decisions taken by regulatory authorities. This power is derived from the constitutional provisions of the independence of the judiciary and the principle of rule of law. The judiciary can review administrative acts to ensure that they are within the scope of the law, are not arbitrary or discriminatory, and do not violate any constitutional rights.
Conclusion:
Both statements are correct. The Parliament can overturn a judicial ruling through a constitutional amendment, provided it conforms to the basic structure of the Constitution. The judiciary also has the power to review administrative acts and decisions taken by regulatory authorities. This power of judicial review is essential for upholding the rule of law and ensuring the protection of constitutional rights.
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Consider the following statements about Judicial review1. By way of a constitutional amendment, the Parliament can turn down a judicial ruling in so far as it conforms to the basic structure of the constitution.2. The judiciary can review administrative acts and the decisions taken by some of the regulatory authorities in India.Which of these is/are correct?a) Only 1b) Only 2c) Bothd) None of the aboveCorrect answer is option 'C'. Can you explain this answer?
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Consider the following statements about Judicial review1. By way of a constitutional amendment, the Parliament can turn down a judicial ruling in so far as it conforms to the basic structure of the constitution.2. The judiciary can review administrative acts and the decisions taken by some of the regulatory authorities in India.Which of these is/are correct?a) Only 1b) Only 2c) Bothd) None of the aboveCorrect answer is option 'C'. 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 Consider the following statements about Judicial review1. By way of a constitutional amendment, the Parliament can turn down a judicial ruling in so far as it conforms to the basic structure of the constitution.2. The judiciary can review administrative acts and the decisions taken by some of the regulatory authorities in India.Which of these is/are correct?a) Only 1b) Only 2c) Bothd) None of the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements about Judicial review1. By way of a constitutional amendment, the Parliament can turn down a judicial ruling in so far as it conforms to the basic structure of the constitution.2. The judiciary can review administrative acts and the decisions taken by some of the regulatory authorities in India.Which of these is/are correct?a) Only 1b) Only 2c) Bothd) None of the aboveCorrect answer is option 'C'. Can you explain this answer?.
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