Previous Year Question
Given below are two statements:
Assertion [A]: The scope of judicial review is limited in India.
Reason [R]: Indian constitution has some borrowed items.
Select the right answer from the code given below:
Both [A] and [R] are correct and [R] is the right explanation of [A].
Both [A] and [R] are correct but [R] is not the correct explanation of [A].
[A] is correct, but [R] is wrong.
[A] is wrong, but [R] is correct.
Correct Answer: B
Detailed Solution
In this question, Assertion (A) should be understood in a comparative constitutional sense. Judicial Review does not mean that courts reconsider every law or governmental decision on its merits. Courts primarily examine whether legislative or executive action is consistent with the Constitution. NCERT also explains Judicial Review as the power to examine the constitutionality of laws.
The major constitutional foundations of Judicial Review in India include Articles 13, 32 and 226. A law violating Fundamental Rights may be declared unconstitutional, while the Supreme Court and High Courts exercise constitutional remedies and writ jurisdiction. The Supreme Court has also held Judicial Review to be part of the Basic Structure of the Constitution.
Thus, “limited” does not mean that the Indian judiciary is weak. It means that Judicial Review operates within constitutional and legal limits; courts ordinarily do not substitute their own view for that of the legislature or executive merely on the merits of policy. In modern Indian constitutional law, Judicial Review is nevertheless extensive and covers Fundamental Rights, legislative competence and other constitutional limitations.
Reason (R) is also correct in stating that the Indian Constitution incorporates several institutional features drawn from different constitutional systems. However, the presence of borrowed provisions is not the reason for the particular scope of Judicial Review. Therefore, both statements are true, but there is no explanatory cause-and-effect relationship between them.