Indian Polity

Choose the Correct Answer

Correct Answer : Option c

Explanation
The doctrine of judicial review originated and developed in the USA. In India the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). Further, the Supreme Court has declared the power of judicial review as a basic feature of the Constitution. The phrase ‘Judicial Review’ has nowhere been used in the Constitution.

Statement-I is correct: The scope of judicial review power of the Supreme Court in India is narrower than that of what exists in the US.

Statement-II is not correct: This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ which is a feature of the Indian Constitution .

Due Process of Law has a broader ambit than Procedure Established by Law because it not only examines whether the correct procedure has been followed but also evaluates the fairness, justice, and reasonableness of the law itself.