Previous Year Question
In India, Judicial Review implies:
the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
the power of the Judiciary to review its own judgements given earlier in similar or different cases.
Correct Answer: A
Detailed Solution
Judicial Review is the power of the judiciary to examine the constitutional validity of laws enacted by the Legislature and actions or orders issued by the executive.
A court may declare a law or executive action unconstitutional and invalid if it:
Violates a provision of the Constitution;
Infringes Fundamental Rights;
Exceeds the competence of the concerned Legislature or authority;
Violates a constitutionally prescribed procedure; or
Is arbitrary, mala fide or contrary to the rule of law.
Constitutional foundation
The expression “Judicial Review” is not exhaustively defined in a single constitutional Article. The power flows from several provisions:
Article 13: A law inconsistent with Fundamental Rights is void to the extent of the inconsistency.
Article 32: Guarantees the right to approach the Supreme Court for enforcement of Fundamental Rights.
Article 226: Empowers High Courts to issue writs for enforcement of Fundamental Rights and other legal rights.
Articles 245 and 246: Determine the territorial and subject-matter competence of Parliament and State Legislatures.
Article 368: Prescribes Parliament’s constitutional amending power, which remains subject to the Basic Structure limitation.
The Supreme Court has recognised judicial review as part of the Basic Structure of the Constitution. Parliament cannot, therefore, completely abolish judicial review even through a constitutional amendment.
Why are the other options incorrect?
Option (b): Courts do not ordinarily examine the political wisdom, desirability or policy merits of legislation. They examine its constitutionality and legality.
Option (c): Every Bill passed by Parliament is not compulsorily referred to the judiciary for prior scrutiny before presidential assent. Judicial review normally occurs in an actual dispute or judicial proceeding.
Option (d): Reconsideration of a court’s earlier judgment is its review jurisdiction. It is distinct from the broader constitutional concept of Judicial Review. The Supreme Court’s review power is provided under Article 137.