Question

The two provisions of the Constitution of India that most clearly express the power of judicial review are:

• A. Article 21 and Article 446
• B. Article 32 and Article 226
• C. Article 44 and Article 152
• D. Article 17 and Article 143

Answer 1

Answer: (B)

Article 32 and Article 226

Judicial Review means that the judiciary can declare a law or legislation as unconstitutional if it is beyond the competence of legislature according to the distribution of powers or it is in contravention of fundamental rights or any of the mandatory provisions of the constitution. Article 32 deals with Right to constitutional remedies. It states that a person has right to move to Supreme Court for getting his fundamental rights protected. Article 226 grants the same power with respect to High Courts. It also provides writ jurisdiction to SC and HCs. While Article 32 can be invoked in case of violation of Fundamental rights only, Article 226 also includes other rights.