2017 GS Paper I, all questions
UPSC Prelims 2017 · GS Paper I
Question 92: Polity and Governance
In India, Judicial Review implies
athe power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
bthe power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
cthe power of the Judiciary to review all the legislative enactments before they are assented to by the President.
dthe power of the Judiciary to review its own judgements given earlier in similar or different cases.
AnswerUPSC’s answer is (a).
Judicial review is the power of the courts, the Supreme Court and the High Courts, to examine whether laws passed by the legislature and orders issued by the executive conform to the Constitution, and to strike them down if they do not. It is a check on constitutionality, not on the wisdom of a law, which belongs to the legislature. It is not a scrutiny of bills before assent, and reviewing the court's own judgements is a different power, review jurisdiction.
Why each option is right or wrong
- (a) Right: courts test the constitutionality of laws and executive orders.
- (b) Wrong: courts do not question the wisdom of laws, only their validity.
- (c) Wrong: courts do not review bills before the President's assent.
- (d) Wrong: reviewing its own judgements is a separate review power.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2017, General Studies Paper I, Series A. The paper on upsc.gov.in.