What happens if a law is declared unconstitutional under judicial review?

Correct option is A

The correct answer is (a) It becomes null and void.

Explanation:

• Judicial review is the power of the judiciary, particularly the Supreme Court and High Courts, to examine the constitutionality of laws passed by the legislature.
• If a law is found to be inconsistent with the Constitution, especially with the Fundamental Rights, it is declared unconstitutional.
• Once declared unconstitutional, the law ceases to have legal effect and is treated as null and void from the outset.
• This ensures that all laws conform to the basic structure and principles of the Constitution.
• Judicial review upholds the supremacy of the Constitution and acts as a check on arbitrary legislative and executive actions.

Information Booster:

• The concept of judicial review in India is derived from Article 13 of the Constitution, which states that laws inconsistent with or in derogation of Fundamental Rights shall be void.
• Judicial review is part of the Basic Structure Doctrine, established in the landmark Kesavananda Bharati case (1973).
• Both the Supreme Court (under Article 32) and High Courts (under Article 226) have the power of judicial review.
• It is an essential tool for the protection of constitutional rights and federal balance.

Additional Information:

• Option (b) It is amended by the President: Incorrect; the President has no authority to amend laws. Lawmaking and amendments fall under the purview of Parliament.
• Option (c) It remains valid but unenforceable: Incorrect; once declared unconstitutional, the law is struck down entirely.
• Option (d) It is sent back to the Parliament for reconsideration: Incorrect; courts do not send laws back to Parliament but may provide suggestions or interpretations. Parliament may choose to amend or re-enact laws accordingly.
• This principle ensures constitutional supremacy over legislative supremacy, maintaining democratic checks and balances.