Question

Consider the following statements : 

a. In Britain, no judicial review of legislation is permitted.

b. Judiciary in India is not as supreme as in the United States of America which recognises no limit on the scope of judicial review.     

1. Statement 'a' is correct, 'b' is false
2. Statement 'a' is false, 'b' is correct
3. Both the statements are false
4. Both the statements are correct

Answer 1

Correct Answer - Option 4 : Both the statements are correct

The correct answer is Both the statements are correct

• Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and orders of both central as well as state government. It can be challenged on the following grounds in India:-
• It infringes Fundamental Rights (Part III)
• It is outside the competence of the authority which has framed it
• It is repugnant to the constitutional provisions.
• The above points show that Judicial Review in India is narrower than that of the USA which recognizes no limit on the scope of Judicial Review.

• Judicial Review of legislation is not permitted in Britain. Hence statement a is correct.
• However, Judicial Review is a part of the English Constitution and a person can challenge the Public body.

• Features of Indian Constitution borrowed from British Constitution- 
  1. Parliamentary Government
  2. Rule of Law
  3. Legislative Procedure
  4. Cabinet System
  5. Prerogative writs
  6. Parliamentary privilege
  7. Bicameralism