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3 P. central government > 27 judicial review > Flashcards

27 judicial review Flashcards

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1
Q

where did the doctrine of judicial review originate

A

usa

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2
Q

in which famous case of usa did the doctrine of judicial review develop

A

marbury vs madison in 1803 by john marshall, the then chief justice of american supreme court

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3
Q

to which courts does the indian constitution confers the power of judicial review

A

both supreme and high courts

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4
Q

what is meant by judicial review being a basic feature of constitution

A

the power of judicial review cannot be curtailed or excluded even by a constitutional amendment

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5
Q

what is the meaning of judicial review

A

the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the central and state govts

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6
Q

what are ultra vires

A

rules or laws found to be violative of the constitution

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7
Q

who classified the judicial reviews into three categories

A

justice syed shah mohammed quadri

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8
Q

what are the three categories of judicial review by justice syed shah mohammed qadri?

A

1 of constitutional amendment
2 legislation of parliament and state legislatures and subordinate legislations
3 of administrative action of the union and state and authorities under the state

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9
Q

which caa did supreme court declared NJAC as null and unconstitutional

A

99 th caa of 2015

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10
Q

MAINS importance of judicial review bullet points

A

1 to uphold the principle of the supremacy of the constitution
2 maintain federal equilibrium
3 protect frs

constitution is supreme
judiciary decides to weather any enactment is constitutional or not (conformity to the constitution)
for FRs, courts have been assigned the role of sentinel on the qui vive
constitution is supreme lex
permanent law of land is constitution
no branch of govt above constitution
rights without remedies are as writ in water, without it, a controlled constitution will become uncontrolled- justice chandrachud in minerva mills case 1980
founding fathers put the judicial review in constitution itself
it adjusts the constitution to meet new conditions and the needs of time

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11
Q

articles providing the indirect provisions for judicial review are?

A

13
32
131
132
133
134
134a
135
136
143
226
227
245
246
251
372

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12
Q

article related to judicial review: function
13

A

all laws inconsistent with FRs are invalid

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13
Q

article related to judicial review: function
32

A

remedy

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14
Q

article related to judicial review: function
131

A

original jurisdiction of sc in centre state or inter state disputes

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15
Q

article related to judicial review: function
132

A

appellate jurisdiction of sc in constitutional cases

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16
Q

article related to judicial review: function
133

A

appellate jurisdiction of sc in civil cases

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17
Q

article related to judicial review: function
134

A

appellate jurisdiction of sc in criminal cases

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18
Q

article related to judicial review: function
134A

A

certificate for appeal to the sc from the HCs

19
Q

article related to judicial review: function
135

A

empowers sc to exercise power on federal laws pre constitutional

20
Q

article related to judicial review: function
136

A

authorise the sc to grant special leave to appeal from any tribunal or court except military

21
Q

article related to judicial review: function
143

A

empowers president to seek the opinion of sc on ay law or fact or any pre constitutional law

22
Q

article related to judicial review: function
226

A

HC to issue directions or orders or writs for enforcement of FRs or other purposes

23
Q

article related to judicial review: function
227

A

HC power of superintendence over all courts and tribunals within their respective territorial jurisdictions except military

24
Q

article related to judicial review: function
245

A

territorial extent of laws made by parliament and by the legislatures of states

25
Q

article related to judicial review: function
246

A

subject matter of laws madeby parliament and by the legislaturesof states i.e. union state and concurrent list

26
Q

article related to judicial review: function
251 and 254

A

in case of conflict between centre and state, centre prevails

27
Q

article related to judicial review: function
372

A

continuance in force of the pre constitution law

28
Q

what are the three grounds on which judicial review can be asked

A

1 infringement of FRs
2 outside the competence of the authority which had framed it
3 repugnant to the constitutional provisions

29
Q

how does the american constitution differ in the concept of law with the indian constitutiton

A

american constitution provides for the “due process of law” whereas indian constitution follows the “procedure established by law”

30
Q

MAINS explain difference between the american and indian concept of law

A

due process of law of usa:
wide scope for sc
it can declare laws violative not only on substantial grounds i.e. constitution or law but also on procedural ground calling it unreasonable

procedure estt by law of india:
smaller scope for sc as when determining the constitutionality of a law examines only the substantive question i.e. if the law is within the powers of of the authority concerned or not.
it is not expected to go into the question of its reasonableness, suitability or policy implications
(focus on the word not expected to. it still does go this route which is a good thing taking help from the constitution mostly fundamental rights to justify the reasonability of an action)

31
Q

how is indian judicial system a synthesis of american and british system

A

america has judicial supremacy
britain has parliamentary supremacy

india is the synthesis of both

32
Q

which article saves the 9th schedule subjects from being reviewed

A

article 31B

33
Q

when was article 31B added to the constitution

A

by the 1st constitutional amendment act of 1951 along with the 9th schedule

34
Q

in which landmark judgment did the sc declare judicial review as a basic feature of the constitution

A

IR coelho case of 2007

35
Q

in the IR coehlo case o 2007, the provisions in the9th schedule that now come under the scope of judicial review since which date?

A

april 24, 1973 the day of the verdict of keshwanand bharti case

36
Q

alsoMains the 9th schedule provisions are subject to judicial review in case of violation of which articles

A

articles 14, 15, 19 and 21 and the principles underlying them or the “basic structure of the constitution”

37
Q

MAINS what is the rights test implied in the ir coelho case of 2007

A

that the laws in 9th schedule may or may not be violative o the basic structure adjudged on the applying the direct impact and effects test i.e. rights test which means the form of an amendment is not the relevant factor but the consequence thereof would be the determinative factor

38
Q

which two cases read together make the basics of judging each case on their own merits for basic structure?

A

keshwanand bharti 1973
and
indira gandhi vs raj narain 1975

39
Q

when did the essence of rights test come into existence for sc

A

with indira gandhi case of 1975

40
Q

for the rights test and essence of rights test, which is called the triangle of rights

A

article 14
article 19
article 21

41
Q

how can the validity of a ninth schedule law be challenged if it has already been upheld by the court

A

it cannot be challenged on the principles declared in the judgement
but if it damages the basic structure or the rights test triangle, it can be challenged again on those grounds

42
Q

what happens to the actions taken and transactions finalized for laws in 9th schedule which are now unconstitutional

A

they cannot be challenged

43
Q

with which amendment before the keshwanand bharti ruling were laws added to the 9th schedule

A

29th of 1972

44
Q

laws in 9th schedule of which amendment come under the judicial review

A

34th 1974 which was after the kb bharti ruling

3 P. central government (1 decks)

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