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Judicial Review signifies that the Supreme Court
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- has final authority in overall cases
- can declare a state law as unconstitutional
- can review cases whose decisions have been given by High Court
- None of the above
Correct Option: B
Judicial review signifies that the supreme court can declare a state law as unconstitutional. In The Indian constitution, Judicial review is dealt with under Article 13. judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. Article 13 states that: All pre-constitutional laws, if in part or completely in conflict with the Constitution, shall have all conflicting provisions deemed ineffective until an amendment to the Constitution ends the conflict In such situation the provision of that law will again come into force, if it is compatible with the constitution as amended. This is called the Doctrine of Eclipse.
In a similar manner, laws made after adoption of the Constitution by the Constituent Assembly must be compatible with the constitution, otherwise the laws and amendments will be deemed to be void ab initio.
In such situations, the Supreme Court or High Court interprets the laws to decide if they are in conformity with the Constitution. If such an interpretation is not possible because of inconsistency, and where a separation is possible, the provision that is inconsistent with constitution is considered to be void. In addition to article 13, articles 32, 226 and 227 provide a constitutional basis to judicial review in India.