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The Supreme Court has the power of judicial review which implies that
- a)It can review the working of subordinate courts.
- b)It can review its own judgments.
- c)It can initiate cases at its own discretion.
- d)It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
The Supreme Court has the power of judicial review which implies thata...
Judicial Review is the power of the Courts to determine the constitutionality of Legislative act and executions orders. To the extent of such violation, in so far as the Fundamental Rights are concerned, Judicial Review has been provided in the Constitution under Article 13 and in Article 32 and Article 226 in the form of jurisdiction of the Supreme Court and the High Court. While judicial review over administrative action has evolved on the lines of common law doctrines such as ‘proportionality’, ‘legitimate expectation’, ‘reasonableness’ and principles of natural justice, the Supreme Court of India and the various High Courts were given the power to rule on the constitutionality of legislative as well as administrative actions to protect and enforce the fundamental rights guaranteed in Part III of the Constitution. Hence the scope of judicial review before Indian courts has evolved in three dimensions :
1.to ensure fairness in administrative action.
2. to protect the constitutionally guaranteed fundamental rights of citizens and
3.to rule on questions of legislative competence between the centre and the states.
Most Upvoted Answer
The Supreme Court has the power of judicial review which implies thata...
The correct answer is option 'D', which states that the Supreme Court can declare laws passed by the legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision. This power is known as judicial review. Let's understand this concept in detail.
The power of judicial review is an essential feature of the democratic system of governance. It serves as a check on the actions of the legislature and the executive, ensuring their compliance with the Constitution. The Supreme Court, being the highest judicial authority in the country, holds the power of judicial review.
Key Points:
1. Power of Judicial Review: The power of judicial review allows the Supreme Court to review the constitutionality of laws and executive actions.
2. Constitution as the Supreme Law: In a constitutional democracy, the Constitution is considered the supreme law of the land. All laws and actions of the government must be in accordance with the Constitution.
3. Unconstitutional Laws and Actions: If the Supreme Court finds that a law passed by the legislature or an order issued by the executive violates any provision of the Constitution, it can declare them as unconstitutional.
4. Protection of Fundamental Rights: One of the primary purposes of judicial review is to safeguard the fundamental rights of citizens. The Supreme Court ensures that laws and actions do not infringe upon these rights.
5. Balancing the Powers: Judicial review helps maintain the balance of powers among the three branches of government - legislature, executive, and judiciary. It prevents any branch from exceeding its constitutional limits.
6. Separation of Powers: Judicial review also upholds the principle of separation of powers. It allows the judiciary to interpret the laws and determine their constitutionality, while the legislature makes the laws and the executive implements them.
7. Upholding the Constitution: By declaring unconstitutional laws and actions as null and void, the Supreme Court upholds the supremacy of the Constitution and ensures that the government functions within its limits.
In conclusion, the power of judicial review held by the Supreme Court allows it to declare laws passed by the legislature and orders issued by the executive as unconstitutional if they violate any provision of the Constitution. This power serves as a crucial check on the actions of the government, upholding the supremacy of the Constitution and protecting the rights of citizens.
The power of judicial review is an essential feature of the democratic system of governance. It serves as a check on the actions of the legislature and the executive, ensuring their compliance with the Constitution. The Supreme Court, being the highest judicial authority in the country, holds the power of judicial review.
Key Points:
1. Power of Judicial Review: The power of judicial review allows the Supreme Court to review the constitutionality of laws and executive actions.
2. Constitution as the Supreme Law: In a constitutional democracy, the Constitution is considered the supreme law of the land. All laws and actions of the government must be in accordance with the Constitution.
3. Unconstitutional Laws and Actions: If the Supreme Court finds that a law passed by the legislature or an order issued by the executive violates any provision of the Constitution, it can declare them as unconstitutional.
4. Protection of Fundamental Rights: One of the primary purposes of judicial review is to safeguard the fundamental rights of citizens. The Supreme Court ensures that laws and actions do not infringe upon these rights.
5. Balancing the Powers: Judicial review helps maintain the balance of powers among the three branches of government - legislature, executive, and judiciary. It prevents any branch from exceeding its constitutional limits.
6. Separation of Powers: Judicial review also upholds the principle of separation of powers. It allows the judiciary to interpret the laws and determine their constitutionality, while the legislature makes the laws and the executive implements them.
7. Upholding the Constitution: By declaring unconstitutional laws and actions as null and void, the Supreme Court upholds the supremacy of the Constitution and ensures that the government functions within its limits.
In conclusion, the power of judicial review held by the Supreme Court allows it to declare laws passed by the legislature and orders issued by the executive as unconstitutional if they violate any provision of the Constitution. This power serves as a crucial check on the actions of the government, upholding the supremacy of the Constitution and protecting the rights of citizens.
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The Supreme Court has the power of judicial review which implies thata)It can review the working of subordinate courts.b)It can review its own judgments.c)It can initiate cases at its own discretion.d)It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.Correct answer is option 'D'. Can you explain this answer?
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The Supreme Court has the power of judicial review which implies thata)It can review the working of subordinate courts.b)It can review its own judgments.c)It can initiate cases at its own discretion.d)It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The Supreme Court has the power of judicial review which implies thata)It can review the working of subordinate courts.b)It can review its own judgments.c)It can initiate cases at its own discretion.d)It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The Supreme Court has the power of judicial review which implies thata)It can review the working of subordinate courts.b)It can review its own judgments.c)It can initiate cases at its own discretion.d)It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.Correct answer is option 'D'. Can you explain this answer?.
The Supreme Court has the power of judicial review which implies thata)It can review the working of subordinate courts.b)It can review its own judgments.c)It can initiate cases at its own discretion.d)It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The Supreme Court has the power of judicial review which implies thata)It can review the working of subordinate courts.b)It can review its own judgments.c)It can initiate cases at its own discretion.d)It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The Supreme Court has the power of judicial review which implies thata)It can review the working of subordinate courts.b)It can review its own judgments.c)It can initiate cases at its own discretion.d)It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.Correct answer is option 'D'. Can you explain this answer?.
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