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Which of the following statements is/are incorrect regarding Judicial Review?
- Indian Constitution confers the power of judicial review to Supreme Court only.
- The purpose of the judicial review is to review constitutional amendments only.
- Judicial review is not a part of the basic structure of the constitution.
Select the correct answer code:
- a)1 only
- b)2, 3
- c)1, 2, 3
- d)None of the above
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Which of the following statements is/are incorrect regarding Judicial ...
The correct answer is option C: 1, 2, 3.
Explanation:
1. Indian Constitution confers the power of judicial review to Supreme Court only:
This statement is incorrect. While the Supreme Court of India is the highest court in the country and has the power of judicial review, it is not the only court with this power. The power of judicial review is also vested in the High Courts of the states under Article 226 of the Constitution. Both the Supreme Court and the High Courts have the authority to interpret the Constitution and review the constitutionality of laws and executive actions.
2. The purpose of judicial review is to review constitutional amendments only:
This statement is incorrect. Judicial review is not limited to reviewing constitutional amendments only. The power of judicial review allows the courts to examine the constitutionality of laws, executive orders, and government actions. It ensures that they are in accordance with the provisions of the Constitution and do not violate the fundamental rights of citizens. Judicial review plays a crucial role in upholding the rule of law and protecting the rights of individuals.
3. Judicial review is not a part of the basic structure of the constitution:
This statement is incorrect. The concept of judicial review is an essential part of the basic structure doctrine of the Indian Constitution. The basic structure doctrine, as established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala, holds that there are certain fundamental features of the Constitution that cannot be amended by the Parliament. Judicial review is considered one of these basic features, along with democracy, federalism, secularism, and the rule of law. The Supreme Court has the power to review and strike down constitutional amendments that violate the basic structure of the Constitution.
In conclusion, all three statements are incorrect regarding judicial review. The power of judicial review is not limited to the Supreme Court alone, it extends to the High Courts as well. Judicial review is not limited to reviewing constitutional amendments; it encompasses the review of laws, executive orders, and government actions. Finally, judicial review is considered an essential part of the basic structure of the Indian Constitution.
Explanation:
1. Indian Constitution confers the power of judicial review to Supreme Court only:
This statement is incorrect. While the Supreme Court of India is the highest court in the country and has the power of judicial review, it is not the only court with this power. The power of judicial review is also vested in the High Courts of the states under Article 226 of the Constitution. Both the Supreme Court and the High Courts have the authority to interpret the Constitution and review the constitutionality of laws and executive actions.
2. The purpose of judicial review is to review constitutional amendments only:
This statement is incorrect. Judicial review is not limited to reviewing constitutional amendments only. The power of judicial review allows the courts to examine the constitutionality of laws, executive orders, and government actions. It ensures that they are in accordance with the provisions of the Constitution and do not violate the fundamental rights of citizens. Judicial review plays a crucial role in upholding the rule of law and protecting the rights of individuals.
3. Judicial review is not a part of the basic structure of the constitution:
This statement is incorrect. The concept of judicial review is an essential part of the basic structure doctrine of the Indian Constitution. The basic structure doctrine, as established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala, holds that there are certain fundamental features of the Constitution that cannot be amended by the Parliament. Judicial review is considered one of these basic features, along with democracy, federalism, secularism, and the rule of law. The Supreme Court has the power to review and strike down constitutional amendments that violate the basic structure of the Constitution.
In conclusion, all three statements are incorrect regarding judicial review. The power of judicial review is not limited to the Supreme Court alone, it extends to the High Courts as well. Judicial review is not limited to reviewing constitutional amendments; it encompasses the review of laws, executive orders, and government actions. Finally, judicial review is considered an essential part of the basic structure of the Indian Constitution.
Community Answer
Which of the following statements is/are incorrect regarding Judicial ...
In India the Constitution confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). 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.
Judicial review can be classified into the following three categories:
Judicial review can be classified into the following three categories:
- Judicial review of constitutional amendments.
- Judicial review of legislation of the Parliament and State Legislatures and subordinate legislations.
- Judicial review of administrative action of the Union and State and authorities under the state.
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Which of the following statements is/are incorrect regarding Judicial Review? Indian Constitution confers the power of judicial review to Supreme Court only. The purpose of the judicial review is to review constitutional amendments only. Judicial review is not a part of the basic structure of the constitution.Select the correct answer code:a)1 onlyb)2, 3c)1, 2, 3d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
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