The judiciary is the system of courts that interprets and guards the Indian Constitution. With reference to the Supreme Court of India, answer the following:
Explain the power of Judicial Review.
Topic: Judicial Review
Answer
Judicial Review is the power of the Supreme Court to examine the laws passed by the legislature and the orders issued by the executive, and to declare them null and void if they are found to be inconsistent with the provisions of the Constitution.
The Court exercises this power when a law is challenged before it. If the law violates 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 of the citizens, and it maintains the supremacy of the Constitution over both the legislature and the executive.
Three marks, so give three elements: what the Court examines, what it can do (declare null and void), and why it matters (guardian of the Constitution and of Fundamental Rights). The phrase "null and void" is the one examiners look for. A vague answer such as "it reviews the laws" earns a single mark at best. Keep Judicial Review distinct from REVISORY jurisdiction: review tests the constitutionality of a LAW, revision tests the correctness of a lower court’s DECISION.