Which among the following statements about judicial review in India are correct?
A. Judicial review means that the courts of law have the power of testing the validity of
legislative as well as other governmental action with reference to the provisions of the
Constitution.
B. Under Article 23 of the Indian Constitution, the compulsion of judicial review was
described in the Fundamental Rights in Part III.
C. The power of judicial review is significantly vested upon the High Courts and the
Supreme Court of India.
Show answer & explanation
Correct answer: C
Explanation
The correct answer is option 3 I.e. A and C only.
- The core purpose of judicial review is to ensure that all governmental actions and legislation conform to the Constitution, which is the supreme law of the land.
- This process upholds the Constitution’s supremacy and protects citizens’ fundamental rights.
- Articles 32 and 226: These articles provide individuals with the right to approach the Supreme Court (Article 32) and High Courts (Article 226) to seek judicial redress for violations of fundamental rights and other constitutional issues. This reinforces the judicial review mechanism by enabling courts to review legislative and executive actions.
- Supreme Court:
- Article 32: The Supreme Court has the power to review laws and executive actions under Article 32, which allows individuals to directly challenge the constitutionality of these actions if their fundamental rights are violated. The Supreme Court’s decisions are binding on all other courts.