Question

The concept of 'Judicial Review' in India is based on:

• A. Procedure established by law;
• B. Due process of law;
• C. Rule of law;
• D. International treaties and convention;

Hint:

Judicial Review in India is based on the "Procedure established by law," as defined in Article 21 of the Indian Constitution.

Answer 1

The Correct Option is A

Step 1: Understanding Judicial Review in India:
Judicial Review refers to the power of the judiciary to examine and invalidate laws and executive actions that are inconsistent with the Constitution. In India, Judicial Review is based on the "Procedure established by law," which means that the legality of laws and executive orders is determined based on their compliance with the Constitution.
Step 2: Detailed Explanation of the Options:
- (A) Procedure established by law: This is the correct answer. Judicial Review in India is primarily based on the "Procedure established by law," a concept derived from Article 21 of the Indian Constitution, which provides that no person shall be deprived of their rights except by a procedure established by law.
- (B) Due process of law: This concept is more relevant in the context of the American legal system. In India, the concept of "Procedure established by law" is used instead of "Due process of law."
- (C) Rule of law: While the rule of law is an important principle, Judicial Review is specifically based on the procedure established by law in India.
- (D) International treaties and convention: This is incorrect, as Judicial Review is not based on international treaties or conventions but rather on the domestic legal framework of India.
Step 3: Final Conclusion:
The correct answer is (A) Procedure established by law, as Judicial Review in India is based on this principle under the Constitution.