Q. Consider the following statements regarding ‘judicial review’ and the ‘judicial activism’:
1. The concept of ‘judicial review’ originated in United States, whereas ‘judicial activism’ is an Indian innovation.
2. The term ‘judicial review’ is mentioned in the Constitution, whereas ‘judicial activism’ is not mentioned in the Constitution.
3. Both ‘judicial review’ as well as ‘judicial activism’ are parts of the basic structure of the Constitution.
How many of the statements given above is/ are incorrect?
Answer: C
Notes:
Exp) Option c is the correct answer.
Statement 1 is incorrect: Both the concepts of judicial review and judicial activism originated in the USA. Judicial activism was introduced for the first time by John Marshall in the case of Marbury vs. Madison (1803).
Statement 2 is incorrect: Both the terms- ‘judicial review’ and ‘judicial activism’ are not explicitly mentioned in the Constitution.
Statement 3 is incorrect: Only judicial review has been held as a part of the basic structure. On the other hand, the Supreme Court has time and again advocated to balance judicial activism with judicial restraint to ensure separation of powers and maintain the autonomy of the judiciary
