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In whom are the powers of Judicial Review vested in India?
A. Only Supreme Court
B. The Parliament
C. All the courts
D. the Supreme Court and all the High Courts

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Last updated date: 12th Sep 2024
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Answer
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Hint:
The powers of Judicial Review in India are invested in the bodies which are mentioned under Article 226 and Article 227 of the Indian Constitution, and under Article 32 and Article136 of the Indian Constitution respectively.

Complete answer:
Let us review the options and discuss the answer.

Option A. Only Supreme Court:- it is an incorrect option as even the high courts enjoy the power of judicial review.

Option B: - Parliament: - it is incorrect as it is liable to the judiciary and does not have any judicial powers.

Option C: - All the courts: - it is incorrect because the lowers do not enjoy the power of judicial review.

Option D. In Fundamental Rights Case, Justice Khanna said that judicial review has turned into an indispensable piece of our constitution and a force has been vested in the High Courts and the Supreme Court to choose about the protected legitimacy of the arrangements of rules. In the event that the arrangements of the rules are discovered to be violative of any of the articles of the constitution which is the standard for the legitimacy of all laws the Supreme Court and the High Courts are enabled to strike down the said arrangement.

Therefore the answer is D

Additional Information:
In India, the intensity of a judicial review was practiced by the courts preceding the initiation of the constitution of India. The British Parliament presented the Federal System in India by establishing the Government of India Act 1935. Under this demonstration, both the Central and State governing bodies were given whole powers in their particular circles.

-They were incomparable in their allotted subjects like the British Parliament. The Act of 1935 set up the Federal Court in order to work as an authority in union and state relationships. The Federal Court was additionally engaged to examine the violation of the protected headings with respect to the dissemination of forces on the presentation of federalism in India.

Note:
The central subjects of the judicial review in the constitution of India identify with the accompanying things: -

-Infringement of fundamental rights.

-Infringement of different other constitutional limitations exemplified in the constitution.

-Sanctioning of administrative act infringing upon constitutional commands with respect to circulation of powers.