Question 72

Given below are two statements, one is labelled as Assertion (A) and the other is labelled as Reason (R) :
Assertion (A) : Judicial review is a process to restrain the executive or the legislature from exercising power which may not be sanctioned by the Constitution.
Reason (R) : The source of the power of judicial review in India is Article 12 of the Constitution.
In the light of the above statements, choose the correct answer from the options given below :

  • Assertion is true. Judicial review allows courts to examine legislative enactments and executive actions to ensure they conform to the Constitution, invalidating those that do not.

  • Reason (R) is false. Article 12 only defines the term "State" for the purposes of Part III (Fundamental Rights) of the Constitution. The primary constitutional basis and source for judicial review in India is Article 13 (specifically Article 13(2), which voids laws inconsistent with or in derogation of fundamental rights) along with other provisions like Articles 32 and 226, not Article 12

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