UPSC Exam > UPSC Questions > Which of the following is/are true:1. The Sup...
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Which of the following is/are true:
1. The Supreme Court can review its own judgements.
2. Scope of Judicial review in the USA is broader than that in India.
- a)Only 1
- b)Only 2
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Which of the following is/are true:1. The Supreme Court can review its...
Power of Judicial Review -
1. Judicial review means to check the constitutional validity of legislative enactments and executive orders of both the Central and state governments.
2. It is essential for protecting fundamental rights of the citizens.
3. It is also needed to maintain a balance between Union and States.
4. Judicial review helps in upholding the principle of the supremacy of the Constitution.
5. However, the phrase ‘judicial review’ has not been used anywhere in the Constitution.
One can challenge the constitutionality of a legislative enactment or an executive order in Supreme Court if -
1. Fundamental Rights are infringed by it.
2. It is incompatible with constitutional provisions.
3. It is outside the ambit of the authority which framed it.
a. Scope of Judicial review in the USA is broader than that in India.
b. Our Supreme Court follows procedure established by law.
c. This means that they see only substantive questions i.e., if the law is within the powers of the authority concerned or not.
d. It does not check the reasonableness of the law.
e. American Supreme Court follows due process of law that checks substantive questions as well as reasonableness of the law.
Other Powers of Supreme Court -
1. It is the final authority for disputes regarding the election of the president and the Vice-President.
2. On reference made by the President, it enquires into the conduct of the chairman and members of the UPSC and gives advice which is binding on the President.
3. It can review its own judgement or order.
4. It can withdraw cases pending before the high courts and dispose of them by itself. It can also transfer a case or appeal which is pending before one high court to another high court.
5. Its law is binding on all courts in India and decree or order is enforceable throughout India.
6. It is the ultimate interpreter of the Constitution.
7. It has judicial superintendence and control over all the courts and tribunals in India.
8. Parliament can enlarge the Supreme Court’s jurisdiction and powers with respect to matters in the Union list.
9. Also, a special agreement of the Centre and the states can enlarge its jurisdiction and powers with respect to other matters.
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Which of the following is/are true:1. The Supreme Court can review its own judgements.2. Scope of Judicial review in the USA is broader than that in India.a)Only 1b)Only 2c)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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