Question

Regarding the concept of judicial review, which of the following statements are accurate?

1. Judicial review primarily assesses the rights and wrongs of a conclusion reached.
2. Judicial review primarily aims to enforce government actions without scrutiny.
3. Judicial review establishes new laws through court proceedings.
4. Judicial review challenges the procedure by which a decision was made.

• A. iii only
• B. None of these
• C. iv only
• D. i, iii

Answer 1

Answer:

C. iv only

Judicial review

• Judicial review is the power of Judiciary to review any act or order of Legislative and Executive wings and to pronounce upon the constitutional validity when challenged by the affected person.
• The power of Judicial Review comes from the Constitution of India itself (Articles 13, 32, 136, 142 and 147 of the Constitution).

Challenges the Procedure 

• Judicial review is a legal process that allows a court to review the lawfulness and procedural aspects of a decision made by a public body or authority.
• It ensures that the decision-making process adheres to legal standards.
• It examines the procedure by which a decision was made rather than the rights and wrongs of the conclusion itself.
• i,e it does not reevaluate the merits of the decision but focuses on whether the decision-making process followed the law
• Judicial review enforces government actions to scrutiny by the judiciary to ensure they comply with the constitution and established legal principles. 

Interpreting the existing laws :

• Judicial review does not establish new laws.
• It interprets and applies existing laws and the constitution to assess the legality of government actions. 
• i,e Courts do not create new laws through judicial review; they uphold or strike down actions based on existing legal frameworks