Question 21 from UPSC CSE 2017 - Polity and
Governance

Question

In India, Judicial Review implies

IASCODEX · Accepted Answer

Correct Option: A. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

Strategy: Focus on the core function of Judicial Review in the Indian context. The term specifically refers to the power of courts to assess the constitutionality of legislative acts and executive orders, not merely reviewing past judgements or questioning policy wisdom. Eliminate options discussing policy wisdom or procedural vetting before Presidential assent, as these do not match Judicial Review's legal function.

Key Info: Judicial Review is the doctrine under which legislative and executive actions are subject to examination by the judiciary to ensure their conformity with the Constitution.

The concept originated from the landmark U.S. case Marbury v. Madison and was adopted in India to preserve the supremacy of the Constitution and protect fundamental rights.

**Constitutional Basis**
In India, this power is derived implicitly from the following articles of the Constitution:
- Article 13
- Article 32
- Article 131
- Article 136
- Article 143
- Article 226
- Article 246

**Scope and Limitations**
- Judicial review applies to Central and State laws as well as executive actions.
- It does not empower the judiciary to question the policy rationale or political prudence ('wisdom') of a law.
- It does not involve pre-assent vetting of laws, which is a Presidential function.
- Review of the Supreme Court's own judgements is a separate mechanism under Article 137 ('review jurisdiction'), distinct from judicial review.

**Key Case Law**
The Kesavananda Bharati v. State of Kerala (1973) case reinforced judicial review as part of the basic structure doctrine.

IASCODEX · Answer

Option B: the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.

IASCODEX · Answer

Option C: the power of the Judiciary to review all the legislative enactments before they are assented to by the President.

IASCODEX · Answer

Option D: the power of the Judiciary to review its own judgements given earlier in similar or different cases.