| Given below are two statements, one labelled as |
| Assertion (A) and the other labelled as Reason (R): |
| Assertion (A) : The Supreme Court of India enjoys the power of Judicial Review. |
| Reason (R): The Supreme Court of India is obliged to enforce the laws enacted by the Parliament without going into their constitutionality. |
A) Both (A) and (R) are true and (R) is the correct explanation of (A) .
B) (A) is true but (R) is false.
C) (A) is false but (R) is true.
D) Both (A) and (R) are true but (R) is not correct explanation of (A) .
Correct Answer: B
Solution :
[b] The Supreme Court can pronounce upon the constitutional validity of laws passed by the Legislature and the actions taken by the administrative authorities. It acts as the guardian of the constitution. Article 32 specifically confers the power of judicial review on the Supreme Court. However the constitution itself exempts some provisions from judicial review such as the advice rendered by the Council of Ministers to the President or Governor, privileges of members of Parliament and States Legislatures, validity and conduct of proceedings in Parliament, delimitation of constituencies etc. Furthermore, in India the Supreme Court can pronounce upon the constitutionality of a law only if it is contrary to the letter of the constitution, it cannot go into the objectives underlying the law and administrative actions and declare the unconstitutional.
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