Consider the following statements regarding Judicial Review:
- 1. The Constitution of India has explicitly provided for the system of Judicial Review.
- 2. Judicial Review is a basic feature of the Constitution.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CAPF – 2010
1. The Constitution of India has explicitly provided for the system of Judicial Review. This statement is often considered incorrect. While the *power* of judicial review is derived from various articles of the Constitution (e.g., Article 13 declaring laws inconsistent with Fundamental Rights void, Articles 32 and 226 providing writ jurisdiction, Articles 131-136, 245, 246), the *term* “Judicial Review” is not explicitly mentioned in the Constitution. Furthermore, the *system* of judicial review, encompassing the review of legislative, executive, and constitutional actions, and its scope and principles (like the Basic Structure doctrine), has largely evolved through judicial interpretation and precedents over time rather than being explicitly laid out as a comprehensive system in the text of the Constitution itself.
2. Judicial Review is a basic feature of the Constitution. This statement is correct. The Supreme Court in the Kesavananda Bharati case (1973) and subsequent judgments has held that Judicial Review is an integral part of the basic structure of the Constitution. This means the power of judicial review cannot be taken away or abrogated even by amending the Constitution.
– The power of judicial review is derived from various articles (e.g., 13, 32, 226).
– Judicial Review has been declared a part of the Basic Structure of the Constitution by the Supreme Court.