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Aatif Goyal
Asked: 2022-11-01T23:35:54+05:30 In:

Which one of the following statements about ‘Judicial Review’ is not correct ?
1. The Constitution of India does not clearly describe the system of Judicial Review.
2. Judicial Review in India is governed by the principle ‘procedure established by law’.
3. Judicial Review cannot be applied in respect of laws incorporated in the 9th Schedule of the Constitution.
4. The Parliament cannot pass laws and amendments for overriding the hurdles created by Judicial Review.

Which one of the following statements about ‘Judicial Review’ is not correct ?
1. The Constitution of India does not clearly describe the system of Judicial Review.
2. Judicial Review in India is governed by the principle ‘procedure established by law’.
3. Judicial Review cannot be applied in respect of laws incorporated in the 9th Schedule of the Constitution.
4. The Parliament cannot pass laws and amendments for overriding the hurdles created by Judicial Review.
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1 Answer

  1. Correct Answer – Option 4 : The Parliament cannot pass laws and amendments for overriding the hurdles created by Judicial Review. 

    The Correct Answer is The Parliament cannot pass laws and amendments for overriding the hurdles created by Judicial Review. 

    • The Judicial Review will make Parliament irresponsible because it may decide to rely on the Supreme Court to assess the constitutionality/reasonability of a law passed by it.
      • The Indian Constitution does not explicitly define the Judicial Review system.
    • It stands on the basis of many Constitutional articles.
    • Judicial review is described by critics as an undemocratic procedure.
      • It allows the court to determine the fate of the laws enacted by the legislature, which constitute the people’s sovereign will.
    • The Judicial Review mechanism is viewed by many critics as a reactionary system.
      • A cause of delay and inefficiency is the Judicial Review.
    • In terms of implementing a rule, individuals in general and law-enforcement agencies in particular often decide to go slow or keep their fingers crossed. 
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