Q. The Supreme court of India can declare certain laws/executive actions as unconstitutional under which of the following conditions?
1. If the law enacted by parliament violates a provision of the constitution.
2. Any laws that are against the federal provisions of the constitution.
3. Any legislative/executive actions that contravenes the Directive Principles of State Policy (DPSP).
Select the correct answer using the code given below
Exp) Option a is the correct answer.
Judicial review is the power of the court to examine the constitutionality of any laws/executive actions. It is important to note that the term Judicial review has nowhere been used in the constitution.
Statement 1 is correct: Judicial review is the power of the Supreme court to examine constitutionality of any laws/ executive actions. On such examination, if the court finds any laws/executive action which violates any provisions of the constitution, the court can declare it as unconstitutional.
Statement 2 is correct: The Supreme court of India can declare any actions/laws as unconstitutional if it violates the basic structure of the constitution. As the Federal character of the constitution is one of the basic features of the constitution, any laws/actions contravening federal structure can be declared void by the Supreme court.
Statement 3 is incorrect: The Directive Principles of State Policy (DPSP) are non-justiciable in nature i.e.; it cannot be enforced by the judiciary. Thus, any actions/laws which contravenes DPSP cannot be declared void by the Supreme court
