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Judicial Review

What does thi...

Question

What does this sentence mean?
"supreme court can determine the constitutional validity of any legislation or action of the executive in the country, when it's challenged before them. (this is known as judicial review)"

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Solution

The sentence implies that due to the role of the Supreme Court of India as guardian of the Constitution and protector of Fundamental Rights, it is its function to review that laws made by the Parliament are not unconstitutional.

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Q. Judicial review is the power that allows the Supreme Court to determine the constitutional validity of any law or order.

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 ?

Q. What is the power of the Supreme Court to judge the constitutional validity of a law passed by the Parliament or an action of the 'Executive' called?

Q. Recently, the Supreme Court in Puttaswamy (Privacy case) and Aadhar judgement has used ‘Doctrine of Proportionality’ to determine the validity of legislation. In this context, explain what ‘Doctrine of Proportionality’ is

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

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