Which among the following statements about judicial review in India are correct:

Judicial review means that the courts of law have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the Constitution.

Under Article 23 of the Indian Constitution, the compulsion of judicial review was described in the Fundamental Rights in Part III.

The power of judicial review is significantly vested upon the High Courts and the Supreme Court of India.

Select the correct option from the codes given below:

Question

Statement 1 is correct as judicial review refers to the power of the courts to examine the constitutionality of legislative and executive actions. Statement 2 is incorrect because Article 23 deals with the prohibition of human trafficking and forced labour, not judicial review. The compulsion for judicial review is not described under Article 23 or in Fundamental Rights directly. Statement 3 is correct as the High Courts and Supreme Court of India are specifically empowered to exercise judicial review under Articles 13, 32, and 226 of the Constitution. Judicial review is a key mechanism for upholding the supremacy of the Constitution and protecting fundamental rights by enabling courts to strike down laws and actions that violate constitutional provisions.

IASPOINT · Accepted Answer

Only 1 & 3 Statement 1 is correct as judicial review refers to the power of the courts to examine the constitutionality of legislative and executive actions. Statement 2 is incorrect because Article 23 deals with the prohibition of human trafficking and forced labour, not judicial review. The compulsion for judicial review is not described under Article 23 or in Fundamental Rights directly. Statement 3 is correct as the High Courts and Supreme Court of India are specifically empowered to exercise judicial review under Articles 13, 32, and 226 of the Constitution. Judicial review is a key mechanism for upholding the supremacy of the Constitution and protecting fundamental rights by enabling courts to strike down laws and actions that violate constitutional provisions.

Reated Questions