Supreme Court
- Justice is essentially a
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Complex concept combining all the above concepts
Correct Option: D
Complex concept combining all the above concepts
- The Provisions concerning the powers of the Union judiciary in the constitution can be amended by
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Two-third majority of the Parliament and the majority of states
Correct Option: C
Two-third majority of the Parliament and the majority of states
- Judicial Review in the Indian Constitution is based on which of the following ?
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Procedure established by law
Correct Option: C
Procedure established by law
- Judicial Review signifies that the Supreme Court
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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.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.
- The 'Due Process of Law' is the characteristics of the judicial system of
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The Fifth and Fourteenth Amendments to the United States Constitution each contains a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The Supreme Court of the United States interprets the Clauses as providing four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.
Correct Option: D
The Fifth and Fourteenth Amendments to the United States Constitution each contains a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The Supreme Court of the United States interprets the Clauses as providing four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.