Given below are two statements

Q – Given below are two statements:

Assertion (A) : The scope of Judicial review is limited in India.

Reason (R) : Indian constitution has some borrowed Items.

Select the right answer from the code given below:

Code:

(a) Both (A) and (R) are correct and (R) is the right explanation of (A).

(b) Both (A) and (R) are correct but (R) is not the right explanation of (A)

(c) (A) is correct, but (R) is wrong

(d) (A) is wrong, but (R) is correct.

U.P.P.C.S. (Pre) 2017

Ans. (b)

Explanation – The scope of Judicial review is limited in India. As decided in the Kesavananda Bharathi case (1973), the basic structure doctrine forms, the basis of power of the Indian Judiciary to review and strike down amendments to the Constitution of India.

Thus, assertion (A) is correct.

On the other hand Indian Constitution has borrowed some of its provisions from the Constitutions of different countries.

Therefore, reason (R) is also correct. However reason (R) does not explain the assertion (A) correctly.

Scope of Judicial Review  The constitutional validity of a legislative enactment or executive order can be challenged in the SC and HCs of three grounds :- it infringes the Fundamental Rights, it is outside the competence of the authority which has framed it, and it is repugnant to the constitutional provisions. So, it is clear that the scope of Judicial Review in India is narrower or limited than what exists in the USA. The American constitution provides for ‘due process of law’ while the Indian constitution ‘procedure established by law’. Source : Indian Polity – M Laxmikanth