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प्रश्न
What is meant by Judicial Review and Original Jurisdiction?
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उत्तर
The Judicial Review refers to the power of the Supreme Court to declare null and void those laws of the legislature and those orders of the executive which go against the provisions of the constitution. The power of Judicial review is an implied power under Art-13 as it is not explicity mentioned in the constitution. The court can not initiate suo moto the proceedings of judicial review. It has to be brought before the court by the affected party.
The Original Jurisdiction extends to those cases which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its Original Jurisdiction entertains suits in the following cases:
(i) A dispute between the Government of India and one or more States.
(ii) Disputes between two or more States.
(iii) A Dispute between the Union and any State on the one side and other States on the other.
Also, in cases involving the violation of Fundamental Rights, the Supreme Court enjoys Original Jurisdiction.
APPEARS IN
संबंधित प्रश्न
With reference to the Supreme Court, explain its functions stated below:
As a guardian of Fundamental Rights.
Name the courts that are empowered to issue writs for the enforcement of Fundamental Rights.
Who appoints the administrative staff of the Supreme Court?
If the President of India considers that a question of law may be referred to the Supreme Court, under which jurisdiction will the Supreme Court express its opinion in the matter?
Mention any one power of the Supreme Court, which is not enjoyed by other courts.
What happens if either the Parliament or a State Legislature passes any law that is against the Constitution?
What is understood by a ‘Single Integrated Judicial System’ as provided in the Indian Constitution?
Hew does supreme court play the Guardian of the Fundamental Rights?
The Supreme Court is the Guardian of the Fundamental Rights. In this connection explain the following units which its can issue:
(i) Habeas Corpus (ii) Mandamus.
Mention any two writs issued by the High Court.
