Question

The constitutional validity of a legislative enactment or an executive order can be challenged in the Supreme Court or in the High Courts on  the grounds of:

1. it infringes the Fundamental Rights.

2. it is outside the competence of the authority which has framed it.

3. it is repugnant to the constitutional provisions.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 1 and 3 only
3. 2 and 3 only
4. 1, 2 and 3

Answer 1

Correct Answer - Option 4 : 1, 2 and 3

The correct answer is 1, 2 and 3.

• Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. On examination, if they are found to be violative of the Constitution, they can be declared as illegal, unconstitutional and invalid (null and void) by the judiciary. Consequently, they cannot be enforced by the Government.

SCOPE OF JUDICIAL REVIEW

• The constitutional validity of a legislative enactment or an executive order can be challenged in the Supreme Court or in the High Courts on the following three grounds.
  • it infringes the Fundamental Rights (Part III). Hence statement 1 is correct.
  • it is outside the competence of the authority which has framed it. Hence statement 2 is correct.
  • it is repugnant to the constitutional provisions. Hence statement 3 is correct.

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• IMPORTANCE OF JUDICIAL REVIEW
  • Judicial review is needed for the following reasons:
  1. To uphold the principle of the supremacy of the Constitution.
  2. To maintain federal equilibrium (balance between the Centre and the states).
  3. To protect the Fundamental Rights of the citizens.
• The Supreme Court used the power of judicial review in various cases, as for example, the Golaknath case (1967), the Bank Nationalisation case (1970), the Privy Purses Abolition case (1971), the Kesavananda Bharati case (1973), the Minerva Mills case (1980) etc.