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Question

How can you say that the judiciary in India is one of the most powerful in the world?

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Solution

(i) The judiciary in India is independent. It means it is not under the control of the legislature or the executive. The Supreme Court and the High Courts have the power to interpret the Constitution of the country.

(ii) 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.

(iii) 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.

(iv) The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament.

(v) The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights. The citizens have a right to approach the courts to seek remedy in case of any violation of their rights. The courts intervene to prevent the misuse of the government's power to make decisions. They check malpractices on the part of public officials.

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