Question

Consider the following statements:
1. The power of Judicial Review is vested in the Supreme Court under Article 13 of the Indian Constitution.
2. The President of India can dissolve the Rajya Sabha under Article 108 of the Indian Constitution.
Which of the above statements is/are correct?

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Hint:

Remember, the President of India can only dissolve the Lok Sabha, not the Rajya Sabha, which is a permanent body.

Answer 1

The Correct Option is A

Let’s break down the solution step by step:
Step 1:
The power of Judicial Review is vested in the Supreme Court under Article 13 of the Indian Constitution.
Article 13 deals with laws that are inconsistent with or in derogation of fundamental rights.
The Supreme Court of India, under Article 32 of the Constitution, has the power to review such laws.
This power of Judicial Review allows the Supreme Court to examine laws passed by the legislature to determine if they violate any fundamental rights guaranteed by the Constitution.
Thus, the first statement is correct.
Step 2: The second statement is incorrect. The President of India cannot dissolve the Rajya Sabha under Article 108.
Article 108 primarily refers to the joint sitting of both houses of Parliament (Lok Sabha and Rajya Sabha) when there is a deadlock between them.
The President of India has the power to dissolve the Lok Sabha, but the Rajya Sabha is a permanent body and cannot be dissolved.
The Rajya Sabha members are elected for a term of six years, with one-third of the members retiring every two years.
Thus, the second statement is incorrect.
Step 3: Conclusion:
Since the first statement is correct and the second statement is incorrect, the correct answer is (1) 1 only.