Consider the following statements.1. The Supreme Court has declared t...
The Power of Judicial Review
The power of judicial review refers to the authority of the judiciary to review and strike down any legislation or executive action that is found to be unconstitutional or in violation of the basic structure of the Constitution. This power is an essential feature of a democratic system and is aimed at ensuring that the government operates within the limits of the Constitution.
Statement 1: 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.
This statement is correct. In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the power of judicial review is an essential feature of the Constitution and is part of the basic structure of the Constitution. The Court also stated that this power cannot be taken away by the legislature through the process of constitutional amendment.
Statement 2: The power of judicial review can be curtailed or excluded by a constitutional amendment.
This statement is incorrect. As mentioned above, the Supreme Court has held that the power of judicial review is an essential feature of the Constitution and cannot be taken away by the legislature through the process of constitutional amendment. Any attempt to do so would be unconstitutional and would be struck down by the courts.
Conclusion:
In conclusion, statement 1 is correct, while statement 2 is incorrect. The power of judicial review is an essential feature of the Constitution and cannot be curtailed or excluded by a constitutional amendment.
Consider the following statements.1. The Supreme Court has declared t...
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.