Question

Which of the following statements related to Judicial review in India is true?

1. The process of judicial review in India involves the evaluation and annulment of Executive or Legislative actions that are incompatible with the Constitution and Human Rights.
2. The Supreme Court and the High Courts have the authority to invalidate any law that contradicts the provisions of the Constitution.
3. The process of judicial review serves as one of the checks and balances in the separation of powers, ensuring the supremacy of the Constitution.

• A. i, ii
• B. i only
• C. All of these
• D. iii only

Answer 1

Answer:

C. All of these

Judicial review in India

• Judicial review in India refers to the authority of the judiciary to examine and assess the constitutionality of acts and orders executed by the legislative and executive branches.
• Rooted in the Indian Constitution, this power is vested in the judiciary through several constitutional articles, including Articles 13, 32, 136, 142, and 147.
• It serves as a fundamental aspect of the country's independent judiciary, ensuring a system of checks and balances within the governance structure.
• The concept of judicial review encompasses three primary categories:
  1. Review of legislative actions
  2. Review of judicial decisions
  3. Review of administrative actions.
• This critical role mandates that the judiciary maintains the delicate balance of power, upholds human rights, fundamental rights, and the rights of citizens, particularly the right to life and liberty.
• The Supreme Court and the High Courts have the authority to invalidate any law, ordinance, order, bye-law, rule, regulation, notification, custom, or usage that contradicts the provisions of the Constitution.
• The landmark case of Kesavananda Bharati v. State of Kerala (1970) solidified the courts' ability to nullify any constitutional amendments that breach the Basic Structure of the Constitution of India.