- Article 21 states that no person shall be deprived of his life or personal liberty except according to "procedure established by law". This is the cornerstone for judicial review of executive and legislative actions regarding life and liberty. - The Indian approach contrasts with the "Due Process of Law" principle followed in the USA, which allows the judiciary to examine not only whether a law was passed according to established procedure but also whether the law itself is fair, just, and reasonable. - While Indian courts, particularly after the Maneka Gandhi case (1978), have interpreted "procedure established by law" expansively to include elements of due process, the explicit constitutional basis for judicial review relating to life and liberty is "Procedure established by Law". - Arbitration is a method of alternative dispute resolution. - Natural Justice comprises principles like audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in his own case); these are applied within judicial review but are not the fundamental principle on which the power of judicial review rests in the constitutional text.
Power of Judicial Review, provided in the constitution, is exercised on the basis of which principle ?
Asked in HPPSC HPAS Prelims 2016 · Topic: The Supreme Court (Judicial Review and Basic Structure Doctrine)
More Indian Polity and Governance questions
- Judiciary in India enjoys the power of Judicial Review on the principle of "procedure established by law" which means :
- In India, Judicial Review implies The power of the judiciary to pronounce upon the constitutionality of laws and executive orders. The power of the judiciary to question the wisdom of the laws enacted by the legislatures. The power of the judiciary to review all the legislative enactments before they are assented to by the President. The power of the judiciary to review its own judgements given earlier in similar or different cases.
- Judicial review in the Indian Constitution is based on
- The Supreme Court of India enjoys the power of 'Judicial review' which implies that it can :
- Identify the case which did not deal with the basic structure of the Indian Constitution?
- The power of Judicial Review relates to
- Given below are two statements, one is labelled as Assertion (a) and the other as Reason (R). Assertion (A): The Supreme Court of India has exclusive jurisdiction regarding Constitutional validity of Central laws. Reason (R): The Supreme Court is the Guardian of the Indian Constitution. Select the correct answer from the codes given below: Codes:
- The Supreme Court of India enunciated the doctrine of "Basic Structure of the Constitution" in
