Power of judicial review and Other Powers of Supreme Court

Q.  Which of the following is/are true?

1) Supreme Court can review its own judgements.
2) Scope of Judicial review in USA is broader than that in India.

- Published on 03 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Both 1 and 2
    Power of Judicial Review -

  • Judicial review means to check the constitutional validity of legislative enactments and executive orders of both the Central and state governments.

  • It is essential for protecting fundamental rights of the citizens.

  • It is also needed to maintain a balance between Union and States.

  • Judicial review helps in upholding the principle of the supremacy of the Constitution.

  • However, the phrase ‘judicial review’ has not been used anywhere in the Constitution.

  • One can challenge the constitutionality of a legislative enactment or an executive order in Supreme Court if -

    1. Fundamental Rights are infringed by it.

    2. It is incompatible with constitutional provisions.

    3. It is outside the ambit of the authority which framed it.

  • Scope of Judicial review in USA is broader than that in India.

  • Our Supreme Court follows procedure established by law.

  • This means that they see only substantive question i.e., if the law is within the powers of the authority concerned or not.

  • It does not check reasonableness of the law.

  • American Supreme Court follows due process of law that checks substantive question as well as reasonableness of the law.

  • Other Powers of Supreme Court -

  • It is final authority for disputes regarding the election of the president and the Vice-President.

  • On reference made by President, it enquires into the conduct of the chairman and members of the UPSC and gives advice which is binding on the President.

  • It can review its own judgement or order.

  • It can withdraw cases pending before the high courts and dispose them by itself. It can also transfer a case or appeal which is pending before one high court to another high court.

  • Its law is binding on all courts in India and decree or order is enforceable throughout India.

  • It is the ultimate interpreter of the Constitution.

  • It has judicial superintendence and control over all the courts and tribunals in India.

  • Parliament can enlarge the Supreme Court’s jurisdiction and powers with respect to matters in the Union list.

  • Also, a special agreement of the Centre and the states can enlarge its jurisdiction and powers with respect to other matters.

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