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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?
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?
Most Upvoted Answer
Consider the following statements about Judicial review1. By way of a ...
Understanding Judicial Review in India
Judicial review is a fundamental aspect of the Constitution of India that allows the judiciary to evaluate the constitutionality of legislative and executive actions. Let's analyze the provided statements:
Statement 1: Constitutional Amendment and Judicial Rulings
- The Parliament has the power to amend the Constitution, but any amendment must adhere to the "basic structure" doctrine established by the Supreme Court in the Kesavananda Bharati case (1973).
- If a judicial ruling is in conflict with the basic structure, the Parliament cannot simply overturn it through an amendment. However, it can modify laws or amend provisions to align with the ruling, provided it respects the basic structure.
Statement 2: Review of Administrative Acts and Regulatory Authorities
- The judiciary in India holds the authority to review administrative actions and decisions made by regulatory authorities.
- This includes examining whether such actions are within the powers granted by law, ensuring they adhere to principles of natural justice, and evaluating their constitutionality.
- Judicial review acts as a check on the powers of the executive and regulatory bodies, ensuring accountability.
Conclusion
Both statements are accurate in their assertions regarding judicial review in India. The Parliament can amend laws in accordance with judicial rulings, provided it adheres to the basic structure, and the judiciary can review administrative actions and decisions of regulatory authorities. Hence, the correct answer is option 'C' – both statements are correct.
Judicial review is a fundamental aspect of the Constitution of India that allows the judiciary to evaluate the constitutionality of legislative and executive actions. Let's analyze the provided statements:
Statement 1: Constitutional Amendment and Judicial Rulings
- The Parliament has the power to amend the Constitution, but any amendment must adhere to the "basic structure" doctrine established by the Supreme Court in the Kesavananda Bharati case (1973).
- If a judicial ruling is in conflict with the basic structure, the Parliament cannot simply overturn it through an amendment. However, it can modify laws or amend provisions to align with the ruling, provided it respects the basic structure.
Statement 2: Review of Administrative Acts and Regulatory Authorities
- The judiciary in India holds the authority to review administrative actions and decisions made by regulatory authorities.
- This includes examining whether such actions are within the powers granted by law, ensuring they adhere to principles of natural justice, and evaluating their constitutionality.
- Judicial review acts as a check on the powers of the executive and regulatory bodies, ensuring accountability.
Conclusion
Both statements are accurate in their assertions regarding judicial review in India. The Parliament can amend laws in accordance with judicial rulings, provided it adheres to the basic structure, and the judiciary can review administrative actions and decisions of regulatory authorities. Hence, the correct answer is option 'C' – both statements are correct.
Community Answer
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 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?
Question Description
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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