Chapter 27 Judicial Review

1. Where did the doctrine of judicial review originate and develop?

2. In which famous case was the doctrine of judicial review propounded for the first time?

3. Does the Indian Constitution explicitly confer the power of judicial review?

4. What has the Supreme Court declared about the power of judicial review?

5. Can the power of judicial review be curtailed or excluded by a constitutional amendment?

6. What is the meaning of Judicial Review?

7. How has Justice Syed Shah Mohamed Quadri classified judicial review?

8. In which cases has the Supreme Court used the power of judicial review?

9. What did the Supreme Court declare in 2015 regarding the 99th Constitutional Amendment and the NJAC Act?

10. Why is Judicial review needed?

11. What are the constitutional provisions that explicitly confer the power of judicial review on the Supreme Court and High Courts?

12. On what three grounds can the constitutional validity of a legislative enactment or an executive order be challenged in the Supreme Court or High Courts?

13. How does the scope of judicial review in India compare to that in the USA?

14. What are the two major aspects of judicial activism followed by the Indian Judiciary?

15. What are the reasons for judicial activism according to Dr. B.L. Wadehra?

16. What are the eventualities when the judiciary may overstep its normal jurisdiction according to Subhash Kashyap?

human rights activists who activated judicial activism according to Upendra Baxi?

18. What are the typology of fears generated by judicial activism according to Upendra Baxi?

19. What is Judicial Restraint?

20. What are the six assumptions on which the doctrine of judicial restraint is based in the USA?

21. Which assumptions of judicial restraint from the USA hold good in the Indian context?

22. What observations did the Supreme Court of India make in December 2007 regarding judicial restraint?

23. Which Article declares that all laws inconsistent with or in derogation of the Fundamental Rights shall be null and void?

24. Which Article guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights?

25. Which Article provides for the original jurisdiction of the Supreme Court in centre–state and inter-state disputes?

26. Which Article provides for the appellate jurisdiction of the Supreme Court in constitutional cases?

27. Which Article provides for the appellate jurisdiction of the Supreme Court in civil cases?

28. Which Article provides for the appellate jurisdiction of the Supreme Court in criminal cases?

29. Which Article deals with the certificate for appeal to the Supreme Court from the High Courts?

30. Which Article empowers the Supreme Court to exercise the jurisdiction and powers of the Federal Court under any pre-constitution law?

31. Which Article authorises the Supreme Court to grant special leave to appeal from any court or tribunal (except military tribunal and court martial)?

32. Which Article authorises the President to seek the opinion of the Supreme Court on any question of law or fact and on any pre-constitution legal matters?

33. Which Article empowers the High Courts to issue directions or orders or writs for the enforcement of the Fundamental Rights and for any other purpose?

34. Which Article vests in the High Courts the power of superintendence over all courts and tribunals within their respective territorial jurisdictions (except military courts or tribunals)?

35. Which Article deals with the territorial extent of laws made by Parliament and by the Legislatures of States?

36. Which Article deals with the subject matter of laws made by Parliament and by the Legislatures of States (i.e., Union List, State List and Concurrent List)?

37. Which Articles provide that in case of a conflict between the central law and state law, the central law prevails over the state law and the state law shall be void?

38. Which Article deals with the continuance in force of the pre-constitution laws?