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PYQ Question

In India, Judicial Review implies

In India, Judicial Review implies
  1. A. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
  2. B. the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
  3. C. the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
  4. D. the power of the Judiciary to review its own judgements given earlier in similar or different cases

Answer: A

Explanation

Judicial review is the power of judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and viod). Consequently, they cannot be enforced by the government. The constitutional validity of a legislative enactment or an executive order can be challenged in a high court or supreme court on the following three grounds: (a) it infringes the fundamental rights (Part III), (b) it is outside the competence of the authority which has framed it, and (c) it is repugant to the constitutional provisions.