Question
With reference to the Judicial Review powers of the
Supreme court of India, consider the following statements 1. The Supreme Court of India has the power to review its own judgement. 2. The term Judicial Review is explicitly mentioned in the Constitution. 3. The scope of judicial review evolved to protect the constitutionally guaranteed fundamental rights of citizens. Which of the statements given above is/are correct?Solution
● Statement 1 is correct- Article 137 Constitution of India: Review of judgments or orders by the Supreme Court. Subject to the provisions of any law made by Parliament or any rules, the Supreme Court shall have power to review any judgment pronounced or order made by it. ● Statement 2 is incorrect- The term Judicial Review is not explicitly mentioned in the Constitution. However, Some provisions in the constitution in the support of the judicial review are: Article 13 declares that any law which contravenes any of the provisions of the part of Fundamental Rights shall be void. Articles 32 and 226 gives the roles of the protector and guarantor of fundamental rights to the Supreme Court and High Courts. ● Statement 3 is correct- Judicial review evolved to protect the constitutionally guaranteed fundamental rights of citizens. In order to scrutinize the legitimacy of administrative action and the statutes, the Constitution of India has given several powers to the high courts and the Supreme Court of India. To guard the rights of the public and implement the fundamental rights are the main objectives of judicial review.
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