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Role of Judiciary

is a process ...

Question

is a process through which the judiciary can review the actions of the legislative and the executive.

A

Judicial overreach

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B

Commercialism

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C

Authoritativeness

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D

Judicial review

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Solution

The correct option is D Judicial review
The courts have the power of judicial review. It is a process through which the judiciary can review and make judgments on the actions of the legislative and the executive. The judiciary, through the judicial review, assures that the parliament is not misusing its powers. In any case, the parliament cannot amend the basic principles enshrined in the Constitution. The judiciary makes sure that the basic framework of the Constitution is not altered.

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Q. Judicial Review is a process through which the judiciary can review and make judgments on the actions of the legislative and the executive.

Q. It is not generally realised that when a court upholds or invalidates legislation or executive action, it neither approves nor condemns any legislative policy, nor is if concerned with the wisdom or expediency of the administrative action. It merely determines whether the legislation or executive action is in conformity with or contrary to the provisions of the Constitution. It discharges the function of guarding the Constitution, no more, no less. Judicial activism is to be properly understood in the context of the extent and the vigour and the readiness with which the courts exercise their power ofjudicial review. When courts actively perform an interventionist role, we witness the phenomenon of judicial activism. When the judiciary exercises self-restraint in exercising the power of judicial review and limits its role, there is absence of judicial activism. But the pendulum of judicial review is never static and judicial activism, or lack of it, is a variable phenomenon.
Which one of the following, if true, would defeat the case presented above ?

Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?

Q. The country's Judicial System has a Supreme Court at its apex. In this context state:
(a) Manner of appointment of Judges.
(b) Term of Office and removal of Judges.
(c) Its power of judiciary review.

Q. Which of the following explains the concept of 'Judicial Review'?

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