Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Read the following passage and answer the question.

Judicial review is one of the essential features of the Indian Constitution; it has helped preserve the constitutional principles and values and the constitutional supremacy. The power of judicial review is available to the Supreme court and the High Courts in different states in the matters of both legislative and administrative actions. Largely, this power has been applied for the protection and enforcement of fundamental rights provided in the Constitution. To a lesser extent, judicial review has also been used in matters concerning the legislative competence with regards to the centre state relations. With respect to judicial review on matters of executive or administrative actions, courts have employed doctrines such as 'proportionality' 'legitimate expectation', 'reasonableness', and the 'principles of natural justice.'

Power of Judicial review to the courts in matters of Fundamental rights is given in.

Options:

Art 13(2)

Art 13(1)

Art 14

Art 21

Correct Answer:

Art 13(2)

Explanation:

The correct answer is Option (1) → Art 13(2)

The power of judicial review in matters of Fundamental Rights is primarily provided under Article 13(2) of the Indian Constitution. This article states that the State shall not make any law that takes away or abridges the rights conferred by Part III of the Constitution (Fundamental Rights), and any law made in contravention of this provision shall be void.

Article 13(2) of the Indian Constitution empowers the courts to review laws and declare them void if they are inconsistent with or in derogation of fundamental rights. This provision is the cornerstone of judicial review in India, allowing the courts to protect and enforce fundamental rights against legislative encroachment.