UPSC Prelims 2017 · Question 42 of 99
UPSC Prelims 2017 question on Judicial Review Meaning
- ExamUPSC CSE
- Year2017
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicHigher Judiciary (SC and HC)
- DifficultyMedium
- TypeDirect
In India, Judicial Review implies
Show answer
Answer: A. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
Verdict
The answer is the power of the judiciary to pronounce upon the constitutionality of laws and executive orders.
Analysis
Judicial review is the power to examine the constitutionality of legislative enactments and executive orders of both the Union and the States, and to declare them void if they are found ultra vires. The second option describes questioning the wisdom of legislation, which courts expressly decline to do since policy merit is for the legislature. The third describes a pre enactment advisory scrutiny that India does not have. The fourth describes the review of the court's own judgments, which is the separate power of review under Article 137.
Source
M. Laxmikanth, Indian Polity, chapter on the High Court.
How to crack it
The trap is the word review itself, which carries two distinct meanings, judicial review of laws and review of the court's own earlier judgment. Whenever a familiar legal term has a second technical sense, expect both to appear among the options. Then remember the constitutional line: courts test validity, not wisdom, and any option inviting the judiciary to judge policy merit contradicts the separation of powers.