Discussion
Judicial review in India means the power of the courts to
Answer: D
Correct answer: Examine the constitutionality of legislative and executive actions
Judicial review is the power of the Supreme Court and the High Courts to examine the constitutionality of legislation and of executive action, and to declare void anything that contravenes the Constitution. It rests on Articles 13, 32 and 226 among others: Article 13 declares that any law inconsistent with the Fundamental Rights is void to that extent. The Supreme Court has held judicial review to be part of the basic structure, so it cannot be removed even by amendment. The concept came from the United States, where it was established in Marbury v. Madison. India’s version is narrower in one respect: the Constitution uses the phrase procedure established by law rather than the American due process, though the distinction has largely dissolved since Maneka Gandhi in 1978, in which the Court held that any such procedure must itself be fair, just and reasonable. The contrast is with Britain, where Parliament is sovereign and no court can strike down an Act.
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