UPSC Prelims 2017 GS Paper I · Q92 of 100 Polity & Governance easy

In India, Judicial Review implies

  1. (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders. ✓ UPSC's answer
  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.

Why the answer is (a)

• Judicial review is the power of the Supreme Court and High Courts (Articles 13, 32, 226) to examine whether laws passed by legislatures and orders of the executive conform to the Constitution, and to strike them down if they do not — option (a).

• Courts do not question the wisdom or policy of laws (b), do not pre-review bills before assent (c), and reviewing their own judgments (d) is the separate power of 'review' under Article 137.

• Judicial review is part of the basic structure (Minerva Mills, 1980).

• Hence option (a).

Why the other options are wrong

(b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
Courts judge constitutionality, not the wisdom of laws.
(c) the power of the Judiciary to review all the legislative enactments before they are…
Courts review laws after enactment, not before assent.
(d) the power of the Judiciary to review its own judgements given earlier in similar or…
Reviewing own judgments is the review power, not judicial review.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2017, held on 18 June 2017. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

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