Choose the correct answer by using Reason [R] and Assertion [A] :
Assertion [A]: The Constitution of India specifically mentions the power of Judicial review.
Reason [R] : The Judiciary has successfully expanded the scope of Judicial review over the years.
Analyzing Judicial Review in the Indian Constitution
This question asks us to evaluate two statements, an Assertion [A] and a Reason [R], regarding the power of Judicial Review in India and determine their truthfulness and the relationship between them.
Assertion [A] Analysis: Explicit Mention of Judicial Review
Assertion [A] states: "The Constitution of India specifically mentions the power of Judicial review."
To assess this, let's look at the Indian Constitution. While the Constitution establishes the framework for governance and the powers of various branches, the exact phrase "Judicial Review" is notably absent from its text. However, the power itself is implicitly derived from several constitutional provisions, such as:
- Article 13: Declares that laws inconsistent with or in derogation of the fundamental rights shall be void.
- Articles 32 and 226: Grant the power to issue writs (like habeas corpus, mandamus, etc.) for the enforcement of fundamental rights and other legal rights, which inherently involves reviewing the legality of executive actions and laws.
- Articles 131, 132, 136: Define the appellate jurisdiction of the Supreme Court, including the power to hear appeals involving constitutional interpretation.
Because the term itself is not explicitly written in the Constitution, although the power is implied and established through judicial interpretation, Assertion [A] is considered **false**. The Constitution does not specifically mention the term 'Judicial Review'.
Reason [R] Analysis: Judiciary's Expansion of Judicial Review
Reason [R] states: "The Judiciary has successfully expanded the scope of Judicial review over the years."
This statement is **true**. Over the decades, India's higher judiciary, especially the Supreme Court, has played a significant role in interpreting the Constitution and expanding the scope and application of judicial review. Landmark cases have established principles such as:
- Kesavananda Bharati v. State of Kerala (1973): Introduced the doctrine of 'Basic Structure', limiting Parliament's power to amend the Constitution and strengthening judicial review.
- Maneka Gandhi v. Union of India (1978): Broadened the interpretation of fundamental rights, including Article 21 (Right to Life and Personal Liberty), and expanded the grounds for judicial review concerning administrative actions.
- Interpretation of constitutional provisions related to social justice, environmental protection, and socio-economic rights has also been achieved through judicial review.
Therefore, the judiciary has indeed actively and successfully expanded the reach and significance of judicial review.
Conclusion
Based on the analysis:
- Assertion [A] is false because the Constitution does not explicitly use the term 'Judicial Review'.
- Reason [R] is true as the judiciary has significantly broadened the scope of judicial review through interpretations and judgments.
Thus, the correct option reflects that [A] is false and [R] is true.
Important Questions from Assertions and Reasons
In this question, two statements are given – one labeled as Assertion (A) and the other labeled as Reason (R) respectively. Assuming that all the information given in the assertion is true, analyze both the reasons along with it and decide which of them is/are correct and whether R is the correct description of A.
Assertion: Oral polio vaccine should be given to all children below the age of 5 years; But children over the age of 5 do not need to take the dose.
Reason: In India, almost all complications of poliomyelitis are found in children below the age of 5.
For the Assertion (A) and Reason (R) given below, choose the correct option from the following :
Assertion (A): Buddhism considers suicide as the best way to attain salvation.
Reason (R): Buddhism claims that the world is full of sorrow and pain.
In the question given below, two statements are marked as Assertion (A) and Reason (R). Mark your answer according to the code given in the alternatives.
Assertion (A) : There has been a huge loss of property in Japan last year.
Reason (R) : Japan was hit by Tsunami last year.
In the question given below, there are two statements marked as Assertion (A) and Reason (R). Mark your answer as per the codes in options.
Assertion (A): Iron rusts when exposed to water.
Reason (R): Iron reacts with the oxygen molecules present in water.
An assertion (A) and a reason (R) are given below.
Assertion (A): Forest cover in the country has gradually decreased.
Reason (R): Encroachment by humans is one of the concerns for the forest department.
Choose the correct option.
A. Both A and R are true and R is the correct explanation of A
B. Both A and R are true, but R is not the correct explanation of A
C. A is true, but R is false
D. A is false, but R is true
