27 judicial review

Question 1

where did the doctrine of judicial review originate

Answer 1

usa

Question 2

in which famous case of usa did the doctrine of judicial review develop

Answer 2

marbury vs madison in 1803 by john marshall, the then chief justice of american supreme court

Question 3

to which courts does the indian constitution confers the power of judicial review

Answer 3

both supreme and high courts

Question 4

what is meant by judicial review being a basic feature of constitution

Answer 4

the power of judicial review cannot be curtailed or excluded even by a constitutional amendment

Question 5

what is the meaning of judicial review

Answer 5

the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the central and state govts

Question 6

what are ultra vires

Answer 6

rules or laws found to be violative of the constitution

Question 7

who classified the judicial reviews into three categories

Answer 7

justice syed shah mohammed quadri

Question 8

what are the three categories of judicial review by justice syed shah mohammed qadri?

Answer 8

1 of constitutional amendment
2 legislation of parliament and state legislatures and subordinate legislations
3 of administrative action of the union and state and authorities under the state

Question 9

which caa did supreme court declared NJAC as null and unconstitutional

Answer 9

99 th caa of 2015

Question 10

MAINS importance of judicial review bullet points

Answer 10

1 to uphold the principle of the supremacy of the constitution
2 maintain federal equilibrium
3 protect frs

constitution is supreme
judiciary decides to weather any enactment is constitutional or not (conformity to the constitution)
for FRs, courts have been assigned the role of sentinel on the qui vive
constitution is supreme lex
permanent law of land is constitution
no branch of govt above constitution
rights without remedies are as writ in water, without it, a controlled constitution will become uncontrolled- justice chandrachud in minerva mills case 1980
founding fathers put the judicial review in constitution itself
it adjusts the constitution to meet new conditions and the needs of time

Question 11

articles providing the indirect provisions for judicial review are?

Answer 11

13
32
131
132
133
134
134a
135
136
143
226
227
245
246
251
372

Question 12

article related to judicial review: function
13

Answer 12

all laws inconsistent with FRs are invalid

Question 13

article related to judicial review: function
32

Answer 13

remedy

Question 14

article related to judicial review: function
131

Answer 14

original jurisdiction of sc in centre state or inter state disputes

Question 15

article related to judicial review: function
132

Answer 15

appellate jurisdiction of sc in constitutional cases

Question 16

article related to judicial review: function
133

Answer 16

appellate jurisdiction of sc in civil cases

Question 17

article related to judicial review: function
134

Answer 17

appellate jurisdiction of sc in criminal cases

Question 18

article related to judicial review: function
134A

Answer 18

certificate for appeal to the sc from the HCs

Question 19

article related to judicial review: function
135

Answer 19

empowers sc to exercise power on federal laws pre constitutional

Question 20

article related to judicial review: function
136

Answer 20

authorise the sc to grant special leave to appeal from any tribunal or court except military

Question 21

article related to judicial review: function
143

Answer 21

empowers president to seek the opinion of sc on ay law or fact or any pre constitutional law

Question 22

article related to judicial review: function
226

Answer 22

HC to issue directions or orders or writs for enforcement of FRs or other purposes

Question 23

article related to judicial review: function
227

Answer 23

HC power of superintendence over all courts and tribunals within their respective territorial jurisdictions except military

Question 24

article related to judicial review: function
245

Answer 24

territorial extent of laws made by parliament and by the legislatures of states

Question 25

article related to judicial review: function 246

Answer 25

subject matter of laws madeby parliament and by the legislaturesof states i.e. union state and concurrent list

Question 26

article related to judicial review: function 251 and 254

Answer 26

in case of conflict between centre and state, centre prevails

Question 27

article related to judicial review: function 372

Answer 27

continuance in force of the pre constitution law

Question 28

what are the three grounds on which judicial review can be asked

Answer 28

1 infringement of FRs 2 outside the competence of the authority which had framed it 3 repugnant to the constitutional provisions

Question 29

how does the american constitution differ in the concept of law with the indian constitutiton

Answer 29

american constitution provides for the "due process of law" whereas indian constitution follows the "procedure established by law"

Question 30

MAINS explain difference between the american and indian concept of law

Answer 30

due process of law of usa: wide scope for sc it can declare laws violative not only on substantial grounds i.e. constitution or law but also on procedural ground calling it unreasonable procedure estt by law of india: smaller scope for sc as when determining the constitutionality of a law examines only the substantive question i.e. if the law is within the powers of of the authority concerned or not. it is not expected to go into the question of its reasonableness, suitability or policy implications (focus on the word not expected to. it still does go this route which is a good thing taking help from the constitution mostly fundamental rights to justify the reasonability of an action)

Question 31

how is indian judicial system a synthesis of american and british system

Answer 31

america has judicial supremacy britain has parliamentary supremacy india is the synthesis of both

Question 32

which article saves the 9th schedule subjects from being reviewed

Answer 32

article 31B

Question 33

when was article 31B added to the constitution

Answer 33

by the 1st constitutional amendment act of 1951 along with the 9th schedule

Question 34

in which landmark judgment did the sc declare judicial review as a basic feature of the constitution

Answer 34

IR coelho case of 2007

Question 35

in the IR coehlo case o 2007, the provisions in the9th schedule that now come under the scope of judicial review since which date?

Answer 35

april 24, 1973 the day of the verdict of keshwanand bharti case

Question 36

alsoMains the 9th schedule provisions are subject to judicial review in case of violation of which articles

Answer 36

articles 14, 15, 19 and 21 and the principles underlying them or the "basic structure of the constitution"

Question 37

MAINS what is the rights test implied in the ir coelho case of 2007

Answer 37

that the laws in 9th schedule may or may not be violative o the basic structure adjudged on the applying the direct impact and effects test i.e. rights test which means the form of an amendment is not the relevant factor but the consequence thereof would be the determinative factor

Question 38

which two cases read together make the basics of judging each case on their own merits for basic structure?

Answer 38

keshwanand bharti 1973 and indira gandhi vs raj narain 1975

Question 39

when did the essence of rights test come into existence for sc

Answer 39

with indira gandhi case of 1975

Question 40

for the rights test and essence of rights test, which is called the triangle of rights

Answer 40

article 14 article 19 article 21

Question 41

how can the validity of a ninth schedule law be challenged if it has already been upheld by the court

Answer 41

it cannot be challenged on the principles declared in the judgement but if it damages the basic structure or the rights test triangle, it can be challenged again on those grounds

Question 42

what happens to the actions taken and transactions finalized for laws in 9th schedule which are now unconstitutional

Answer 42

they cannot be challenged

Question 43

with which amendment before the keshwanand bharti ruling were laws added to the 9th schedule

Answer 43

29th of 1972

Question 44

laws in 9th schedule of which amendment come under the judicial review

Answer 44

34th 1974 which was after the kb bharti ruling