Q. Consider the following statements regarding the doctrine of judicial review, as followed in India:
1. Judicial review of executive actions over the administrative matters is permitted
2. The Supreme Court’s power of judicial review can be curtailed by amending the constitution.
3. Judicial review of laws included under the IX Schedule of the Constitution is not permitted.
How many of the above given statements are correct?
Exp) Option a is the correct answer.
Judicial review means power of the judiciary to examine the constitutionality of the legislative and the executive actions. Its objective is to uphold the supremacy of the constitution.
Statement 1 is correct: Courts are empowered to review the executive actions on administrative matters if they violate fundamental rights or any other legal rights. For example, under Article 32, Supreme Court can issue the writ of mandamus to direct a public official to perform his official duty.
Statement 2 is incorrect: As per the Constitution of India, the powers of Supreme Court can only be enhanced and cannot be curtailed. Also, judicial review has been declared as a basic feature of the Indian Constitution under various cases like Minerva Mills case (1980), S.R. Bommai case (1994), I.R. Coelho case (2007). Hence, it cannot be curtailed.
Statement 3 is incorrect: In I.R. Coelho case, the Supreme Court has held that there is no blanket immunity from judicial review of the laws included in the IX Schedule. These laws can be challenged in the Supreme Court if they violate Fundamental Rights.
