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Which of the following is a key reason for judicial review in India?
Question

Which of the following is a key reason for judicial review in India?

A.

To allow the judiciary to make laws

B.

To maintain federal balance between Centre and States

C.

To ensure the supremacy of the Parliament

D.

To protect the supremacy of the Constitution and fundamental rights

Correct option is D

The correct answer is (D) To protect the supremacy of the Constitution and fundamental rights

Explanation:

  • The concept of judicial review in India is essential for ensuring that all laws and executive actions comply with the Constitution.
  • Judicial review helps in protecting the supremacy of the Constitution and fundamental rights by ensuring that any law or action that is inconsistent with the Constitution can be struck down by the courts.
  • The Supreme Court and High Courts in India exercise judicial review to uphold the rule of law and ensure that no action or law violates the basic structure of the Constitution.

Information Booster:

  • The power of judicial review in India is derived from Article 13 of the Indian Constitution, which gives the judiciary the authority to invalidate any laws or actions that are inconsistent with the Constitution.
  • The Kesavananda Bharati case (1973) established that the basic structure of the Constitution cannot be altered, reinforcing the judiciary's role in safeguarding constitutional principles.

Additional Knowledge:

  • Option A: To allow the judiciary to make laws
    • Incorrect. Judicial review does not allow the judiciary to make laws. It ensures that laws made by the legislature are constitutional. The power to make laws lies with the Parliament.
  • Option B: To maintain federal balance between Centre and States
    • Incorrect. While judicial review can address federal issues, its primary purpose is not to maintain the federal balance but to ensure the supremacy of the Constitution and protect fundamental rights.
  • Option C: To ensure the supremacy of the Parliament
    • Incorrect. Judicial review acts as a check on the supremacy of the Parliament to ensure that its laws are constitutional and do not violate fundamental rights.

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