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Q92 (IAS/2017) Polity & Governance › Judiciary › Judicial review Official Key

2. In India, Judicial Review implies

Result
Your answer: —  ·  Correct: A
Explanation

Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments.[1] On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court.[1] The Supreme Court and High Courts can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution.[2]

Option B is incorrect because judicial review is limited to examining constitutional validity, not questioning the wisdom or policy aspects of laws. Option C is incorrect because judicial review is exercised only when laws are challenged after enactment, not before Presidential assent. Option D refers to the power of review of judgments, which is a separate constitutional power distinct from judicial review[3], where courts can review their own earlier decisions.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III Power of Judicial Review > p. 293
  2. [2] Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > I'll A Court of Record > p. 360
How others answered
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Q. 2. In India, Judicial Review implies [A] the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 2.5/10
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This is a 'Definition' question, a recurring archetype in Polity (like 'Liberty', 'State', 'Law'). It tests conceptual precision, not rote memory. If you confuse 'Review of Judgments' (Art 137) with 'Judicial Review' (Art 13), you lose easy marks. This is a non-negotiable sitter.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In India, does the doctrine of judicial review give the judiciary the power to pronounce upon the constitutionality of laws and executive orders?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III Power of Judicial Review > p. 293
Presence: 5/5
“Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra.vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court. Consequently, they cannot be enforced by the Government.”
Why this source?
  • Explicit definition: describes judicial review as the Supreme Court's power to examine constitutionality of legislative enactments and executive orders.
  • States the remedy: if found violative (ultra vires), such laws/orders can be declared illegal, unconstitutional and invalid.
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
Presence: 5/5
“The Supreme Court and the High Courts have the power to interpret the Constitution of the country. They can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution. Thus they can determine the Constitutional validity of any legislation or action of the executive in the country, when it is challenged before them. This is known as the judicial review. The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament.”
Why this source?
  • Plain statement that Supreme Court and High Courts can declare invalid any legislative or executive action if against the Constitution.
  • Identifies this power as 'judicial review', linking the concept to judicial pronouncement on constitutionality.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
Presence: 5/5
“t SCOPE OF JUDICIAL REVIEW The constitutional validity of a legislative enactment or an executive order can be challenged in the Supreme Court or in the High Courts on the following three grounds. • (a) it infringes the Fundamental Rights (Part III), • (b) it is outside the competence of the authority which has framed it, and • (c) it is repugnant to the constitutional provisions. From the above, it is clear that the scope of judicial review in India is narrower than what exists in the USA, though the American Constitution does not explicitly mention the concept of judicial review in any of its provisions.”
Why this source?
  • Sets out the scope: constitutional validity of legislative enactments or executive orders can be challenged in SC/HC.
  • Lists grounds (fundamental rights, competence, repugnancy) on which judiciary assesses constitutionality.
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Statement analysis

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Statement analysis

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SIMILAR QUESTIONS

NDA-II · 2015 · Q74 Relevance score: 3.28

The two provisions of the Constitution of India that most clearly express the power of judicial review are:

CDS-II · 2016 · Q67 Relevance score: 3.13

The basic structure doctrine with regard to the Constitution of India relates to 1. the power of judicial review 2. the judgment in Kesavananda Bharati case (1973) 3. the constraints on Article 368 of the Constitution of India 4. the judgment in Golaknath case (1967) Select the correct answer using the code given below.

IAS · 2020 · Q83 Relevance score: 2.14

Consider the following statements : 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for 'judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is/are correct ?

IAS · 2019 · Q45 Relevance score: 1.50

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary. Which of the statements given above is/are correct?

IAS · 2021 · Q68 Relevance score: 1.35

With reference to Indian judiciary, consider the following statements : 1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India. 2. A High Court in India has the power to review its own judgement as the Supreme Court does. Which of the statements given above is/are correct?