USA HISTORY

MAKING OF A NEW NATION 1776 1800

THOMAS JEFFERSON

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Which of these means Judicial Review?
A
power to make laws
B
declaring laws unconsitutional
C
enforcing the law
D
None of the above
Explanation: 

Detailed explanation-1: -judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.

Detailed explanation-2: -Article 13 of the Indian Constitution provides for invalidity of laws that are inconsistent with Fundamental Rights. The supreme court has the power to review legislative and administrative actions and declare them ultra vires(outside the scope of law) if they are inconsistent with the constitution.

Detailed explanation-3: -Appointment and Removal of Judges.

Detailed explanation-4: -Judicial Review: The judiciary can strike down certain laws passed by the Parliament under its power of judicial review. This happens when the judiciary believes that these laws are a violation of the basic structure of the Constitution.

Detailed explanation-5: -Judicial Review is governed by the principle of “Procedure established by law” as given in Article 21 of the Indian Constitution. The law has to pass the test of constitutionality if it qualifies it can be made a law. On the contrary, the court can declare it null and void.

There is 1 question to complete.