Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Consider the passage given below and answer the following question.
The power of ‘Judicial Review’ is an exception to the principle of separation of powers. It demarcates distinct areas for the different constitutional organs to exercise their powers. The power of ‘Judicial Review’ postulates that, in the event of a dispute as to whether the legislature or the executive has overstepped its constitutional limits, the judiciary shall decide the dispute by application of well-established constitutional doctrines and rules of interpretation. Basically, the power of ‘Judicial Review’ has been applied for the safety and implementation of fundamental rights provided in the Constitution.

Under which which Article (s) of the Constitution, the Supreme Court and High Courts of India exercise power of ‘Judicial Review’?

Options:

Article 13

Article 32

Article 226

All of these

Correct Answer:

All of these

Explanation:

Article 13(2) states that "the State shall not make any law which takes away or abridges the rights conferred by this Part (Part III - Fundamental Rights).
Article 32 guarantees the aggrieved ones, whose fundamental rights have been violated or denied, to petition directly to Supreme Court for the enforcement of fundamental rights. Unlike cases of other matters where one has to exhaust remedies of lower courts, in matters of fundamental rights violation one can approach the Supreme Court directly. Similarly, Article 226 authorizes High Courts to take up matters of fundamental rights violations directly for their enforcement.