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
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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.
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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.
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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.
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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.
Important Questions from Administrative Law
- Match the LIST-I with LIST-II
LIST-I Jurists LIST-II Definition of Administrative Law A. Wade I. Administrative Law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities. B. Garner II. Main object of administrative law is the operation and control of administrative authorities. C. Griffith & Street III. Rules recognized by the courts as law and which relate to and regulate the administration of government. D. Ivor Jennings IV. Law relating to the control of government power.
Choose the correct answer from the options given below: - United States Ombudsman Association was founded in which year?
- Which of the following statements are correct regarding the Doctrine of Legitimate Expectations?
A. The doctrine has an important place in the development of law of judicial review.
B. Doctrine is well established and operated in the domain of public law.
C. Doctrine has been developed both in the context of reasonableness and natural justice.
D. The concept of legitimate expectation made its first appearance in the case of Union of India v/s Hindustan Development Corpn.
Choose the correct answer from the options given below: - Match the LIST-I with LIST-II
LIST-I Principles of Natural Justice LIST-II Case laws A. Pecuniary Bias I. Gullapalli Nageswara Rao v/s A.P. SRTC B. Personal Bias II. Dimes v/s Grand Junction Canal C. Official Bias III. Mineral Development Ltd. v/s State of Bihar D. Judicial Obstinacy IV. State of W.B v/s Shivananda Pathak
Choose the correct answer from the options given below: - What is the US equivalent legislation of the Indian Right to Information Act, 2005?
