With reference to the powers and functions of the High Court, explain briefly the meaning and scope of the following:
Judicial Review
Topic: Judicial Review
Answer
Judicial Review is the power of the High Court to examine the laws passed by the legislature and the orders issued by the executive, and to declare them ULTRA VIRES — null and void — if they are found to violate the Constitution.
Its scope: (1) The Court exercises the power only when a law or order is CHALLENGED before it; it does not review laws of its own motion. (2) If the law offends the Constitution, particularly the FUNDAMENTAL RIGHTS, it is struck down and ceases to have effect; the High Court may issue writs under Article 226 to enforce those rights. (3) By this power the Court acts as the guardian of the Constitution and the protector of the citizen’s rights, maintaining the supremacy of the Constitution over both the legislature and the executive.
Four marks, so give the meaning and then develop the scope in three parts — when it operates, what it can strike down, and why it matters. The phrase "null and void" or "ultra vires" is what earns the central mark; a vague answer such as "it checks the laws" gets one at best. Keep it distinct from REVISORY jurisdiction: review tests the constitutionality of a LAW, revision corrects an error in a lower court’s DECISION.