UPSC Prelims 2017·GS1·polity-and-governance·judiciary

In India, Judicial Review implies

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  1. Athe power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.Correct
  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.

Explanation

Judicial Review is a fundamental feature of the Indian Constitution, deeply rooted in its structure and principles. It refers to the power of the Supreme Court and the High Courts to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If, upon examination, they find that any law or executive order violates the provisions of the Constitution (e.g., infringes on Fundamental Rights, exceeds the legislative competence of the body that enacted it, or goes against the basic structure of the Constitution), they can declare such a law or order as unconstitutional and, therefore, null and void. The other options describe different aspects or misinterpretations of judicial power: B) Questioning the wisdom of laws: Judicial review is about constitutionality, not the wisdom or policy desirability of a law, though sometimes the two can overlap. C) Reviewing enactments before Presidential assent: Laws are reviewed *after* enactment, not before presidential assent. D) Reviewing its own judgments: This is the power of 'review petition' or 'curative petition', a specific aspect of the judiciary's power, but not the primary meaning of 'Judicial Review' in the context of laws and executive orders.
polity-and-governance: In India, Judicial Review implies

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