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With reference to the power of Judicial Review, consider the following statements:
1. The Supreme Court can review the legislations of the Parliament but not the administrative actions of the Union.
2. The High Courts can review both the legislative and executive actions of the Union as well as states.
3. The Supreme Court cannot review the legislation placed under Ninth Schedule.
Which of the above statements is/are not correct?
- a)1 only
- b)1 and 2 only
- c)1 and 3 only
- d)2 and 3 only
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
With reference to the power of Judicial Review, consider the following...
Explanation:
1. The Supreme Court can review the legislations of the Parliament but not the administrative actions of the Union:
This statement is incorrect. The power of Judicial Review allows the Supreme Court to review both legislative and administrative actions of the Union government. The court can strike down any law passed by the Parliament if it finds it unconstitutional. Additionally, the court can also review administrative actions to ensure they are in line with the Constitution.
2. The High Courts can review both the legislative and executive actions of the Union as well as states:
This statement is correct. High Courts have the power of Judicial Review over both legislative and executive actions of both the Union government and state governments. They can strike down laws or actions that are found to be unconstitutional.
3. The Supreme Court cannot review the legislation placed under Ninth Schedule:
This statement is incorrect. The Supreme Court can review laws placed under the Ninth Schedule of the Constitution. However, there are certain limitations and conditions under which the court can review such laws. These limitations were laid down in the famous Keshavananda Bharati case.
In conclusion, the correct answer is option C - 1 and 3 only, as the first and third statements are not correct based on the powers of Judicial Review held by the Supreme Court and High Courts.
1. The Supreme Court can review the legislations of the Parliament but not the administrative actions of the Union:
This statement is incorrect. The power of Judicial Review allows the Supreme Court to review both legislative and administrative actions of the Union government. The court can strike down any law passed by the Parliament if it finds it unconstitutional. Additionally, the court can also review administrative actions to ensure they are in line with the Constitution.
2. The High Courts can review both the legislative and executive actions of the Union as well as states:
This statement is correct. High Courts have the power of Judicial Review over both legislative and executive actions of both the Union government and state governments. They can strike down laws or actions that are found to be unconstitutional.
3. The Supreme Court cannot review the legislation placed under Ninth Schedule:
This statement is incorrect. The Supreme Court can review laws placed under the Ninth Schedule of the Constitution. However, there are certain limitations and conditions under which the court can review such laws. These limitations were laid down in the famous Keshavananda Bharati case.
In conclusion, the correct answer is option C - 1 and 3 only, as the first and third statements are not correct based on the powers of Judicial Review held by the Supreme Court and High Courts.
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Community Answer
With reference to the power of Judicial Review, consider the following...
- The power of judicial review is significantly vested upon the High Courts and the Supreme Court of India. x Under Article 13 of the Indian Constitution, the compulsion of judicial review was described in fundamental rights in Part III. It is stated that the State or the Union shall not make such rules that takes away or abridges the essential rights of the people. If any law made by the Parliament or the State Legislature contravenes the provisions of this Article, shall be void.
- Therefore, judicial review is the power of judiciary to examine the constitutionality of legislative enactments and executive orders of both the central and the state governments. Hence statement 2 is correct.
- Justice Syed Shah Mohamed Quadri has classified the judicial review into following categories:
- Judicial review of the Constitutional Amendments.
- Judicial review of the legislations of the Parliament and state legislatures and subordinate legislations.
- Judicial review of administrative actions of both the Union and states and authorities under the state. Hence statement 1 is not correct.
- In a significant judgment delivered in I.R. Coelho case, 2007, the Supreme Court ruled that there cannot be any blanket immunity from judicial review of the laws included in the Ninth Schedule. Judicial review is a basic feature of the constitution and hence, the Supreme Court can review the legislation placed under Ninth Schedule passed after 24th April 1973. Hence statement 3 is not correct.
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With reference to the power of Judicial Review, consider the following statements:1. The Supreme Court can review the legislations of the Parliament but not the administrative actions of the Union.2. The High Courts can review both the legislative and executive actions of the Union as well as states.3. The Supreme Court cannot review the legislation placed under Ninth Schedule.Which of the above statements is/are not correct?a)1 onlyb)1 and 2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'C'. Can you explain this answer?
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With reference to the power of Judicial Review, consider the following statements:1. The Supreme Court can review the legislations of the Parliament but not the administrative actions of the Union.2. The High Courts can review both the legislative and executive actions of the Union as well as states.3. The Supreme Court cannot review the legislation placed under Ninth Schedule.Which of the above statements is/are not correct?a)1 onlyb)1 and 2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect 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 With reference to the power of Judicial Review, consider the following statements:1. The Supreme Court can review the legislations of the Parliament but not the administrative actions of the Union.2. The High Courts can review both the legislative and executive actions of the Union as well as states.3. The Supreme Court cannot review the legislation placed under Ninth Schedule.Which of the above statements is/are not correct?a)1 onlyb)1 and 2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect 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 With reference to the power of Judicial Review, consider the following statements:1. The Supreme Court can review the legislations of the Parliament but not the administrative actions of the Union.2. The High Courts can review both the legislative and executive actions of the Union as well as states.3. The Supreme Court cannot review the legislation placed under Ninth Schedule.Which of the above statements is/are not correct?a)1 onlyb)1 and 2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'C'. Can you explain this answer?.
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