1ID: GK-POL-00033
mediumJudiciary & Supreme Court
The power of judicial review in India is primarily grounded in which Articles?
Verified Explanation
Article 13 declares any law inconsistent with fundamental rights void, enforced via Arts 32 & 226.Essential Concepts & Key Facts
High-yield conceptual summaries for competitive exams and rapid revision.
- Article 13(2) declares that any law violating or abridging Fundamental Rights guaranteed under Part III is void to the extent of inconsistency.
- The Supreme Court under Article 32 and High Courts under Article 226 exercise judicial review through prerogative writs like habeas corpus and mandamus.
- In Shankari Prasad v. Union of India (1951), the Supreme Court held that constitutional amendments under Article 368 are not 'laws' under Article 13.
- In Sajjan Singh v. State of Rajasthan (1965), the Supreme Court reiterated parliamentary authority to amend any part of the Indian Constitution.
- In I.C. Golak Nath v. State of Punjab (1967), an 11-judge bench held that Parliament cannot amend Part III to curtail Fundamental Rights.
- The 24th Constitutional Amendment Act 1971 amended Article 13 and Article 368 to assert unrestricted parliamentary amending power.
- In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench established the Basic Structure Doctrine by a majority verdict of 7 to 6.
- The Kesavananda Bharati ruling was delivered on April 24, 1973, establishing that constitutional amendments cannot damage basic constitutional features.
- In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down Article 329A(4), holding free and fair elections part of basic structure.
- In Minerva Mills v. Union of India (1980), the Supreme Court invalidated Section 55 of the 42nd Amendment that excluded judicial review of amendments.
- The Supreme Court in Minerva Mills affirmed that the harmonious balance between Fundamental Rights and Directive Principles is a basic feature.
- In Waman Rao v. Union of India (1981), the Supreme Court established the April 24, 1973 cut-off line for applying basic structure to Ninth Schedule laws.
- In S.R. Bommai v. Union of India (1994), secularism and federalism were formally declared fundamental components of the Basic Structure.
- In I.R. Coelho v. State of Tamil Nadu (2007), a 9-judge bench ruled that Ninth Schedule laws post April 24, 1973 undergo fundamental rights judicial review.
- In Supreme Court Advocates-on-Record Association (2015), the National Judicial Appointments Commission (99th Amendment) was voided under basic structure.
Showing 10 Curated Questions57 Total in Bank
2ID: GK-POL-00085
easyPreamble Features
The constitutional mechanism of "Judicial Review" in the Indian legal system was primarily inspired by which country's judiciary?
Verified Explanation
Judicial Review, empowering the Supreme Court and High Courts to invalidate unconstitutional legislation, was adapted from the American model.3ID: GK-POL-00665
hardConstitutional Framework, Preamble & Salient Features
According to the Supreme Court's decision in I. R. Coelho v. State of Tamil Nadu (2007), laws placed in the Ninth Schedule after which cut-off date are open to judicial review on the touchstone of basic structure?
Verified Explanation
In I. R. Coelho v. State of Tamil Nadu (2007), a nine-judge Constitution Bench ruled that any law inserted into the Ninth Schedule on or after April 24, 1973 (the date of the Kesavananda Bharati verdict) is subject to judicial review if it violates Fundamental Rights forming part of the basic structure.4ID: GK-POL-00716
mediumState Executive & State Legislature
In which landmark judgment did a nine-judge Constitution Bench of the Supreme Court rule that the Governor's proclamation imposing President's Rule under Article 356 is subject to judicial review?
Verified Explanation
In S. R. Bommai v. Union of India (1994), a nine-judge Constitution Bench held that the exercise of power by the President under Article 356 is subject to judicial review, and the court can restore a dissolved State Assembly if the proclamation is found to be mala fide or unconstitutional.5ID: GK-POL-00875
hardFundamental Rights, DPSP & Fundamental Duties
In I. R. Coelho v. State of Tamil Nadu (2007), what was the Supreme Court's definitive ruling on the judicial review of laws placed in the Ninth Schedule?
Verified Explanation
A nine-judge bench in I. R. Coelho (2007) ruled that any law placed in the Ninth Schedule after 24th April 1973 (the date of Kesavananda Bharati) is open to judicial review. If it violates Fundamental Rights forming part of the Basic Structure, it will be struck down.6ID: GK-LAW-00051
hardBasic Structure, Public Interest Litigation & Precedents
In which landmark 1997 judgment did a seven-judge Constitution Bench rule that the power of judicial review under Articles 226 and 32 is part of the Basic Structure and cannot be ousted even for specialized tribunals?
Verified Explanation
In L. Chandra Kumar v. Union of India (1997), a 7-judge Constitution Bench held that the power of judicial review over legislative actions vested in High Courts (Art 226/227) and the Supreme Court (Art 32) is an integral part of the Basic Structure.7ID: GK-POL-00963
hardConstitutional Framework, Preamble & Salient Features
In which landmark judgment did the Supreme Court establish that constitutional amendments and laws inserted into the Ninth Schedule on or after 24 April 1973 are open to judicial review on basic structure grounds?
Verified Explanation
In Waman Rao v. Union of India (1981), reaffirmed by a 9-judge bench in I. R. Coelho v. State of Tamil Nadu (2007), the Supreme Court ruled that the Basic Structure doctrine applies prospectively from the date of the Kesavananda Bharati judgment (24 April 1973). Any law inserted into the Ninth Schedule after that date remains subject to judicial scrutiny.8ID: GK-POL-00117
mediumPreamble Features
The Ninth Schedule was added to the Indian Constitution by which Constitutional Amendment Act in 1951 to shield land reform laws from judicial review?
Verified Explanation
The First Amendment (1951) inserted Article 31B and the Ninth Schedule to insulate agricultural land reform statutes from fundamental rights challenges.9ID: GK-POL-00191
hardPreamble & Salient Features
In which landmark case did the Supreme Court explicitly establish that the "Federal Character" of the Indian Constitution is an unalterable basic feature, and that power under Article 356 is subject to judicial review?
Verified Explanation
In S. R. Bommai v. Union of India (1994), a 9-judge bench laid down strict parameters against the arbitrary dismissal of state governments under Article 356 and affirmed federalism and secularism as basic features.10ID: GK-POL-00590
hardConstitutional Amendments & Schedules
The Ninth Schedule of the Indian Constitution was added by which amendment to insulate land reform laws from judicial review on grounds of fundamental rights violation?
Verified Explanation
The First Constitutional Amendment Act, 1951, enacted Article 31B and created the Ninth Schedule to protect agrarian reform and zamindari abolition laws.Related Knowledge Topics to Discover
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