Indian Polity • JudiciaryHard
Consider the following statements regarding the doctrine of judicial review in India: 1. Judicial review refers to the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the central and state governments. 2. The Constitution of India explicitly uses the term judicial review in Article 13 and Article 32. 3. A law declared unconstitutional by the Supreme Court becomes void ab initio from the date of its enactment. Which of the statements given above are correct?
A. 1 and 3 only✓ Correct Answer
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
💡 Solution & Explanation
Statements 1 and 3 are correct because judicial review tests legislative validity against constitutional provisions, and laws violating fundamental rights are void from inception under Article 13. Statement 2 is incorrect because the Constitution of India does not explicitly contain the exact phrase judicial review anywhere in its text; rather, the power is inferred implicitly from Articles 13, 32, 136, 142, and 226, forming part of the basic structure.
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