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TOPIC

Judicial Review

5 UPSC Prelims MCQs tagged "Judicial Review". Free practice with answer keys, explanations, and timed mock tests on Anantam IAS.

  1. Consider the following Assertion and Reason:

    Consider the following Assertion and Reason:

    1. ABoth Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
    2. BBoth Assertion (A) and Reason (R) are correct, but Reason (R) is not the correct explanation of Assertion (A).
    3. CAssertion (A) is correct, but Reason (R) is incorrect.
    4. DAssertion (A) is incorrect, but Reason (R) is correct.
    Answer and explanation

    Correct answer: A

    The Supreme Court does have the power of judicial review, and Articles 13, 32 and 226 together supply its constitutional foundation. Article 13 makes laws inconsistent with Fundamental Rights void, Article 32 lets the Supreme Court enforce those rights, and Article 226 gives the High Courts writ jurisdiction. The Reason directly explains why the power exists, so it's the correct explanation.
  2. Consider the following Assertion and Reason:

    Consider the following Assertion and Reason:

    1. ABoth Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
    2. BBoth Assertion (A) and Reason (R) are correct, but Reason (R) is not the correct explanation of Assertion (A).
    3. CAssertion (A) is correct, but Reason (R) is incorrect.
    4. DAssertion (A) is incorrect, but Reason (R) is correct.
    Answer and explanation

    Correct answer: A

    Judicial review is firmly recognised as part of the Basic Structure of the Constitution, so the Assertion is true. The power exists precisely so the courts can keep the Constitution supreme over ordinary parliamentary action, which is what the Reason says, so the Reason is true and explains the Assertion.
  3. With reference to the Constitution of India, consider the following statements: 1. No High…

    With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?

    1. A1 only
    2. B2 only
    3. CBoth 1 and 2
    4. DNone of the above
    Answer and explanation

    Correct answer: D

    Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution.

    Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.

  4. Consider the following statements : 1. The Parliament of India can place a particular…

    Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it. Which of the statements given above is/are correct?

    1. A1 only
    2. B2 only
    3. CBoth 1 and 2
    4. DNeither 1 nor 2
    Answer and explanation

    Correct answer: A

    Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution).

    Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution.

    Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution's core principles.

    Hence, the correct answer is option (a) 1 only.

  5. In India, Judicial Review implies –

    In India, Judicial Review implies -

    1. AThe power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
    2. BThe power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
    3. CThe power of the Judiciary to review all the legislative enactments before they are assented to by the President.
    4. DThe power of the Judiciary to review its own judgements given earlier in similar or different cases.
    Answer and explanation

    Correct answer: A

    The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

    Judicial Review in India refers to the power of the Judiciary to examine laws and executive actions to ensure they comply with the Constitution of India.

    This power allows the courts to strike down any law or executive order that is found to be unconstitutional, thereby upholding the supremacy of the Constitution.

    Judicial Review is an essential feature of the Basic Structure Doctrine, ensuring the protection of fundamental rights and the separation of powers between the legislature, executive, and judiciary.

    Thus, Judicial Review acts as a safeguard against unconstitutional actions and reinforces the rule of law in India.