[amp_mcq option1=”On the rule of law” option2=”Due process of law” option3=”On the procedure established by law” option4=”On former decisions and conventions” correct=”option1″]
The correct answer is: A. On the rule of law.
Judicial review is the power of the courts to declare laws unconstitutional. It is based on the principle of the rule of law, which holds that no one is above the law, including the government. The rule of law is essential for a democracy, as it ensures that the government is accountable to the people.
The principle of judicial review was first established in the United States in the case of Marbury v. Madison (1803). In that case, the Supreme Court ruled that a law passed by Congress was unconstitutional. This ruling established the principle that the courts have the power to strike down laws that they believe violate the Constitution.
The principle of judicial review has been adopted by many other countries, including India. In India, judicial review is based on Article 13 of the Constitution, which states that “all laws in force in the territory of India shall be in conformity with this Constitution.” This means that the courts can strike down any law that they believe violates the Constitution.
Judicial review is an important tool for protecting the rights of citizens and ensuring that the government is accountable to the people. It is a fundamental principle of democracy, and it is essential for a just and fair society.
The other options are incorrect because they are not based on the rule of law. Due process of law is the requirement that the government follow fair procedures when it takes away a person’s life, liberty, or property. The procedure established by law is the set of rules that must be followed when a law is passed. Former decisions and conventions are not sources of law.