A – In India, the power of Judicial Review is enjoyed by?
(a) The Supreme Court alone
(b) The Supreme Court as well as High Courts
(c) All the Courts
(d) None of the above
U.P. P.C.S. (Mains) 2017
Ans. (b)
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The doctrine of judicial review originated and developed in the USA. It was propounded for the 1st time in the famous case of Marbury vs. Madison (1803) by John Marshall.
In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). The SC has declared the power of judicial review as a basic feature of the Constitution. Hence, the power of judicial review cannot be curtailed by a constitutional amendment.
MEANING OF JUDICIAL REVIEW
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 by the judiciary.
Source : Indian Polity – M Laxmikanth
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