Q. In India, Judicial Review implies (UPSC Prelims 2017)
Answer:
The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
Notes: The correct answer is
[A] The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders. Judicial Review is a "basic structure" of the Indian Constitution, ensuring that both the legislature and the executive operate within the boundaries set by the Constitution.
- Constitutionality (Statement A – Correct): Judicial review allows the High Courts and the Supreme Court to examine the validity of laws passed by the Parliament/State Legislatures and orders issued by the Executive. If a law or order violates the Constitution (especially Fundamental Rights), the judiciary can declare it "unconstitutional" and "void."
- Wisdom of Laws (Statement B – Incorrect): In India, the judiciary generally follows the principle of "procedure established by law." It examines the legality and constitutionality of a law, not whether the law is "wise" or "good policy." Policy-making is the sole prerogative of the Legislature.
- Pre-emptive Review (Statement C – Incorrect): The judiciary does not review bills before they receive Presidential assent. A law can typically only be challenged after it has been enacted and notified.
- Review of Own Judgments (Statement D – Incorrect): While the Supreme Court has the power to review its own previous judgments (under Article 137), this is technically called "Review Jurisdiction," not "Judicial Review" in the constitutional sense of checking legislative/executive actions.
The power of Judicial Review is explicitly and implicitly derived from several articles, most notably
Article 13 (laws inconsistent with Fundamental Rights are void),
Article 32 (Supreme Court), and
Article 226 (High Courts).