Judiciary in India enjoys the power of Judicial Review on the principle of "procedure established by law" which means:
Question:
Judiciary in India enjoys the power of Judicial Review on the principle of "procedure established by law" which means:
Judiciary in India enjoys the power of Judicial Review on the principle of "procedure established by law" which means:
Options
Answer: (3) Judges in India cannot question the validity of law, provided it is within the limits of the constitution
Explanation:
Article 21 of the Indian Constitution uses the phrase "procedure established by law" (borrowed from the Japanese Constitution), unlike the US Constitution which uses "due process of law." This means Indian courts can review whether a law follows the correct constitutional procedure, but cannot strike down a law merely because it is unreasonable or unjust — as long as it is within constitutional limits.
Explanation:
Article 21 of the Indian Constitution uses the phrase "procedure established by law" (borrowed from the Japanese Constitution), unlike the US Constitution which uses "due process of law." This means Indian courts can review whether a law follows the correct constitutional procedure, but cannot strike down a law merely because it is unreasonable or unjust — as long as it is within constitutional limits.
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