Q. Which of the following Articles confer the power of judicial review on the Supreme Court and the High Courts?
1. Article 12
2. Article 13
3. Article 32
4. Article 226
Select the correct answer using the code given below
Exp) Option b is the correct answer
Judicial Review refers to the power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive void, if it finds them in conflict the Constitution of India
Statement 1 is incorrect. Article 12 of the Indian Constitution, defines ‘State for the purpose of Part -III and Part – IV.
Statement 2 is correct. Under Article 13 It is stated that the State or the Union shall not make such rules that takes away or abridges the essential rights of the people. If any law made by the Parliament or the State Legislature contravenes the provisions of this Article, it shall be void. Article 13 in fact provides for the judicial review of all legislations in India. This power has been conferred on the High courts and the Supreme court of India which can declare a law unconstitutional if it is inconsistent with any of the provisions of part 3rd of the constitution.
Statement 3 is correct. Article 32 guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights and empowers the Supreme Court to issue directions or orders or writs for that purpose.
Statement 4 is correct. Article 226 empowers the High Courts to issue directions or orders or writs for the enforcement of the Fundamental Rights and any other purpose.
