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The Supreme Court of India enjoys the power of ‘Judicial review’ which implies that it can

OPSC OAS 2019 PrelimsPolityQuestion 16

Solved previous year question from the OPSC OAS/OCS 2019 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.

Question

The Supreme Court of India enjoys the power of ‘Judicial review’ which implies that it can

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Answer & Explanation

Correct answer: (D) Declare the laws passed by the legislature and orders issued by the executive as unconstitutional if they contravene any provision of the Constitution

  • It means that the Judiciary has the power to examine the order passed by both the Legislative and Executive of the Central and State governments. If the orders are found to violate the Constitution (ultra vires), they can be declared as illegal, unconstitutional, and invalid (null and void) by the judiciary.
  • The Supreme Court of India has declared ‘Judicial Review’ as one of the features of the basic structure of the Constitution. Hence, the power of judicial review cannot be curtailed even by a constitutional amendment.
  • The term ‘Judicial Review’ is nowhere found written in the Constitution, but the provisions of several Articles (eg. Article 13, 32, 131, 132, 133, etc.) explicitly confer the power of judicial review on the Supreme Court and the High Courts.

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