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Question

What is the primary purpose of Judicial Review in India?

The correct answer is
To examine the constitutionality of laws

Judicial Review in India: Checking Law Constitutionality

Judicial Review is a fundamental concept in the Indian legal system. It refers to the power of the courts, particularly the Supreme Court and High Courts, to review the actions of the legislative and executive branches of government.

Understanding the Purpose of Judicial Review

The main goal or primary purpose of Judicial Review in India is to ensure that the actions of the government align with the Constitution of India. This involves:

  • Examining the constitutionality of laws: Courts check if laws passed by Parliament or State Legislatures, and actions taken by the executive, violate any provisions of the Constitution.
  • Upholding the Constitution: It acts as a guardian of the Constitution, ensuring its supremacy.
  • Protecting Fundamental Rights: If any law or executive action infringes upon the fundamental rights of citizens, the judiciary can strike it down through judicial review.
  • Maintaining Checks and Balances: It prevents any one branch of government from becoming too powerful and acting arbitrarily.

Analyzing the Options

Let's look at why the other options are not the primary purpose:

  • Option 1: To examine the constitutionality of laws - This perfectly describes the core function of judicial review. Courts assess if legislation is in line with the constitutional framework.
  • Option 2: To amend the Constitution - Amending the Constitution is a power vested in the Parliament (legislative branch), not the judiciary through judicial review.
  • Option 3: To appoint ministers - The appointment of ministers is an executive function, primarily carried out by the President on the advice of the Prime Minister. Judicial review does not involve appointments.
  • Option 4: To elect judges - While the process of judicial appointments involves certain constitutional mechanisms (like the collegium system), the primary purpose of judicial review isn't the election or appointment of judges itself, but rather ensuring the laws and actions *under which* these processes might occur are constitutional.

Conclusion

Therefore, the most accurate description of the primary purpose of Judicial Review in India is its role in examining the constitutionality of laws and other government actions, ensuring they adhere strictly to the supreme law of the land, the Constitution.

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Important Questions from Judiciary

  1. Who took oath as the 49 th Chief Justice of India in August 2022?

  2. The Supreme Court has declared access to the internet a fundamental right under Article ______ of the Indian Constitution.

  3. Which of the following jurisdictions of the Supreme Court allows it to settle disputes between the centre and state and amongst states?

  4. A judge of the Supreme Court can be removed only on the grounds of ______.

  5. Which of the following is NOT correct about the jurisdiction of the High Court?

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