Understanding Judicial Review Statements

The question asks to identify the statement about judicial review that is NOT correct. Judicial review is the power of courts to examine the actions of the legislative, executive, and administrative arms of government and determine whether such actions are consistent with the constitution.

Analysis of Options

• Option 1: Judicial review tends to elevate the judiciary to the rank of super legislature

  This statement describes a potential effect or criticism of judicial review. When courts strike down laws or interpret them broadly, they can be seen as exercising a power similar to legislation. This is a widely discussed aspect, making the statement generally considered correct in describing a tendency.

• Option 2: The scope of judicial review is limited as it emphasises on the 'procedure established by law' rather than 'due procedure of law'

  This highlights a difference in the application of judicial review, particularly comparing systems like India ('procedure established by law') with the US ('due process of law'). The former is often seen as a narrower scope. This statement correctly identifies a characteristic limitation in certain jurisdictions.

• Option 3: Judicial review is indispensable to a federal system of government

  In federal systems, where power is constitutionally divided between central and state governments, judicial review is crucial for resolving disputes over jurisdiction and ensuring that both levels adhere to the constitutional framework. This makes the statement correct.

• Option 4: Judicial review does not include judicial competence to review executive enforcement of legislative enactments

  This statement is NOT correct. A fundamental aspect of judicial review is the power of courts to examine whether the executive branch is implementing laws passed by the legislature in accordance with the constitution and the intent of the law. The judiciary ensures that executive actions are legal and constitutional.

Conclusion

Statement 4 incorrectly claims that judicial review does not cover the executive's enforcement of laws. In reality, overseeing the executive's adherence to legislative enactments and constitutional principles is a key function of judicial review.