Political Science · Indian Polity
Consider the following statements and choose the correct option.
- Statement I: The concept of judicial review is not explicitly mentioned in the Constitution but has been acquired by the Indian judiciary
- Statement II: The concept of judicial review is inspired by the English common law tradition
ABoth Statement I and Statement II are correct
BBoth Statement I and Statement II are incorrect
CStatement I is correct but Statement II is incorrect ✓ Correct
DStatement I is incorrect but Statement II is correct
Correct answer: (C) Statement I is correct but Statement II is incorrect — Statement I is correct while Statement II is incorrect, so the answer is the third option.
Explanation
★Statement I is correct while Statement II is incorrect, so the answer is the third option.
★Judicial review is not stated in a single explicit article but is read into the Constitution by the judiciary.
★It flows from articles like 13, 32 and 226 and the supremacy of the Constitution.
★Statement II is wrong, because judicial review is inspired by the constitutional practice of the United States.
★It was in the USA, through Marbury v. Madison, that judicial review of legislation took shape.
★In Britain there is no judicial review of statutes, since Parliament is sovereign.
★So Indian judicial review draws on the American, not the English common law, model.
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