With reference to the Supreme Court as the Apex Court of the country, answer the following:
Explain the Power of Judicial Review of the Supreme Court.
Topic: Judicial Review
Answer
Judicial Review is the power of the Supreme Court to examine the laws passed by the Union and State Legislatures and the orders issued by the executive, and to declare them ULTRA VIRES — null and void — if they are found to violate the Constitution.
The Court exercises this power when a law is challenged before it; if the law offends the Constitution, particularly the Fundamental Rights, it is struck down and ceases to have effect.
By this power the Supreme Court acts as the GUARDIAN and final INTERPRETER of the Constitution and as the protector of the Fundamental Rights, maintaining the supremacy of the Constitution over both the legislature and the executive.
Three marks, so three elements: what is examined, what the Court may do, and why it matters. The phrase "null and void" (or "ultra vires") is what earns the central mark. A vague answer such as "it reviews laws" gets one at best. Keep Judicial Review apart from REVISORY jurisdiction: review tests the constitutionality of a LAW, revision corrects an error in the Court’s own DECISION.