UPSC Exam > UPSC Questions > Consider the following statements. The doctri...
Start Learning for Free
Consider the following statements.
- The doctrine of Judicial review originated and developed in the USA
- In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).
Which of these statements are correct?
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Consider the following statements. The doctrine of Judicial review ori...
The doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury V. Madison (1803) by John Marshall, the then chief justice of the American Supreme Court. In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts).
This question is part of UPSC exam. View all UPSC courses
Most Upvoted Answer
Consider the following statements. The doctrine of Judicial review ori...
Statement 1: The doctrine of Judicial review originated and developed in the USA.
The doctrine of Judicial review refers to the power of the judiciary to review and invalidate or uphold the constitutionality of laws or governmental actions. It allows the judiciary to act as a check on the legislative and executive branches of government. The concept of Judicial review originated in the United States.
In the landmark case of Marbury v. Madison (1803), the US Supreme Court established the principle of Judicial review. Chief Justice John Marshall, in his opinion, stated that it is the duty of the judiciary to interpret the Constitution and declare any law or action inconsistent with it as null and void. This decision laid the foundation for the doctrine of Judicial review in the United States.
Statement 2: In India, the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).
In India, the power of Judicial review is not explicitly mentioned in the Constitution as it is in the case of the United States. However, the Constitution implicitly provides for the power of Judicial review through various provisions.
Article 13 of the Indian Constitution declares that any law that is inconsistent with or in contravention of the fundamental rights shall be void. This provision gives the judiciary the power to review and strike down laws that violate fundamental rights.
Article 32 of the Indian Constitution grants the right to constitutional remedies, which enables individuals to directly approach the Supreme Court for the enforcement of their fundamental rights. This provision allows the Supreme Court to review legislative and executive actions that infringe upon fundamental rights.
Additionally, Article 226 empowers the High Courts to issue writs for the enforcement of fundamental rights as well as for any other purpose. This provision expands the power of Judicial review to the High Courts as well.
Thus, while the power of Judicial review is not explicitly mentioned in the Indian Constitution, it is implied through various constitutional provisions that confer the power on the judiciary to review and strike down laws and actions that are inconsistent with the Constitution.
Conclusion: Both statements 1 and 2 are correct. The doctrine of Judicial review originated in the USA, and in India, the Constitution itself confers the power of Judicial review on the judiciary, both at the Supreme Court and High Court levels.
The doctrine of Judicial review refers to the power of the judiciary to review and invalidate or uphold the constitutionality of laws or governmental actions. It allows the judiciary to act as a check on the legislative and executive branches of government. The concept of Judicial review originated in the United States.
In the landmark case of Marbury v. Madison (1803), the US Supreme Court established the principle of Judicial review. Chief Justice John Marshall, in his opinion, stated that it is the duty of the judiciary to interpret the Constitution and declare any law or action inconsistent with it as null and void. This decision laid the foundation for the doctrine of Judicial review in the United States.
Statement 2: In India, the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).
In India, the power of Judicial review is not explicitly mentioned in the Constitution as it is in the case of the United States. However, the Constitution implicitly provides for the power of Judicial review through various provisions.
Article 13 of the Indian Constitution declares that any law that is inconsistent with or in contravention of the fundamental rights shall be void. This provision gives the judiciary the power to review and strike down laws that violate fundamental rights.
Article 32 of the Indian Constitution grants the right to constitutional remedies, which enables individuals to directly approach the Supreme Court for the enforcement of their fundamental rights. This provision allows the Supreme Court to review legislative and executive actions that infringe upon fundamental rights.
Additionally, Article 226 empowers the High Courts to issue writs for the enforcement of fundamental rights as well as for any other purpose. This provision expands the power of Judicial review to the High Courts as well.
Thus, while the power of Judicial review is not explicitly mentioned in the Indian Constitution, it is implied through various constitutional provisions that confer the power on the judiciary to review and strike down laws and actions that are inconsistent with the Constitution.
Conclusion: Both statements 1 and 2 are correct. The doctrine of Judicial review originated in the USA, and in India, the Constitution itself confers the power of Judicial review on the judiciary, both at the Supreme Court and High Court levels.
|
|
Explore Courses for UPSC exam
|
|
Similar UPSC Doubts
Top Courses for UPSCView all
Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
Question Description
Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Solutions for Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Consider the following statements. The doctrine of Judicial review originated and developed in the USA In India the constitution itself confers the power of Judicial review on the judiciary (both the Supreme Court as well as High Courts).Which of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice UPSC tests.
|
|
Explore Courses for UPSC exam
|
|
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup