UPSC Prelims 2017 Q92: Indian Polity – Judiciary

UPSC Prelims 2017, General Studies Paper I · Indian Polity

In India, ‘judicial review’ implies

(a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
(b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
(c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
(d) the power of the Judiciary to review its own judgements given earlier in similar cases.

Answer: (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

Explanation

Judicial review in India

Judicial review is the power of the courts to test whether a law or executive order agrees with the Constitution.

If it does not, the court declares it void.

Option	Verdict	Reason
(a) Power to pronounce upon the constitutionality of laws and executive orders	Correct	This is the meaning of judicial review
(b) Power to question the wisdom of the laws enacted by the Legislatures	Incorrect	Courts test legality, not wisdom or policy
(c) Power to review all legislative enactments before they are assented to by the President	Incorrect	There is no review before assent
(d) Power to review its own judgements given earlier	Incorrect	That is review jurisdiction (Article 137)

Constitutional basis:

Article	Provision
Article 13	Laws violating Fundamental Rights are void
Articles 32 and 226	Writ powers of the Supreme Court and High Courts
Basic structure	Judicial review is part of it (Minerva Mills, 1980)

Answer: (a) the power to pronounce upon the constitutionality of laws and executive orders.

(a) CORRECT. Judicial review tests the constitutionality of laws and executive orders.
(b) Incorrect. The Judiciary cannot question the wisdom of a law, only its validity.
(c) Incorrect. Courts do not review enactments before the President assents to them.
(d) Incorrect. Reviewing its own judgements is review jurisdiction under Article 137.

Judicial review: courts test laws and executive orders against the Constitution (Articles 13, 32, 226); part of the basic structure.

Judicial review = testing constitutionality, not wisdom.

Confusing judicial review with the Supreme Court's review of its own judgements.
Thinking courts can strike down a law because it is unwise.
Looking for the phrase 'judicial review' in the Constitution; it is not named there.

Judicial review asks one question: does this law or order violate the Constitution?