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The Supreme Court of India enjoys the power of 'Judicial review' which implies that it can:

The Supreme Court of India enjoys the power of 'Judicial review' which implies that it can: Correct Answer Declare the laws passed by the legislature and orders issued by the executive as unconstitutional if they contravene any provision of the Constitution

The correct answer is Declare the laws passed by the legislature and orders issued by the executive as unconstitutional if they contravene any provision of the Constitution.

Key Points

  • Judicial Review
    • It means that the Judiciary has the power to examine the order passed by both the Legislative and Executive of the Central and State governments. If the orders are found to violate the Constitution (ultra vires), they can be declared as illegal, unconstitutional, and invalid (null and void) by the judiciary. 
    • The Supreme Court of India has declared 'Judicial Review' as one of the features of the basic structure of the Constitution. Hence, the power of judicial review cannot be curtailed even by a constitutional amendment.
    • The term 'Judicial Review' is nowhere found written in the Constitution, but the provisions of several Articles (eg. Article 13, 32, 131, 132, 133, etc.) explicitly confer the power of judicial review on the Supreme Court and the High Courts.
    •  The former Supreme Court judge Justice Syed Shah Mohamed Quadri classified the judicial review into the following three categories
      • Judicial review of constitutional amendments.
      • Judicial review of legislation of the Parliament and State Legislatures and subordinate legislations.
      • Judicial review of administrative action of the Union and State and authorities under the state.

Additional Information

  • Some of the cases, where the Supreme Court has used its power of Judicial Review, are given below
    • Golaknath case (1967)
    • Bank Nationalisation case (1970)
    • Privy Purses Abolition case (1971)
    • Kesavananda Bharati case (1973)
    • Minerva Mills case (1980)
  • The 99th Constitutional Amendment, 2014 and the National Judicial Appointments Commission (NJAC) Act, 2014, were declared unconstitutional, null, and void by the Supreme Court in 2015.

Related Questions

Which of the following statements are correct? Answer by using the code given below:
1. Persons in Govt/Judicial service need not resign to participate in District judge selection process held in "Vijay Kumar Misra and another v. High Court of Judicature at Patna" by the Supreme Court of India
2. The Supreme Court of India held in S. Kazi v. Muslim Education Society that " All Tribunals are not necessary parties to the proceedings where legality of its orders challenged"
3. The Supreme Court of India observed in Cardanumom Marketing Corporation and others v. State of Kerala and others that Social Security to the legal profession becomes an essential part of legal system
4. The Supreme Court of India held in 'Union of India v. Rajasthan High Court and others that High Court judges are exempted from Airport frisking.
Supreme Court of India enjoys the power of ‘Judicial Review’, which means the power to (a) Review the judgments of State High Courts (b) Review the functioning of the Council of Ministers (c) Advise the President of India (d) Decide the constitutionality of an Act passed by the legislature and order of the executive Correct answer is
A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the constitution. Name the case:
Which of the following subject matters Articles Related to Supreme Court is NOT correctly stated with their respective Article no.?  138. Enlargement of the jurisdiction of the Supreme Court 137. Special leave to appeal by the Supreme Court 136. Review of judgments or orders by the Supreme Court 135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.
The constitution of India has made which of the following provisions to safeguard and ensure the independence and impartial functioning of the Supreme court? 1. The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment even during a financial emergency. 2. The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India. 3. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. 4. The judges of the Supreme Court are provided with the Security of Tenure. Select the correct answer using the correct code given below:
With reference to the Indian judiciary, consider the following statements : 1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India. 2. A High Court in India has the power to review its own judgement as the Supreme Court does. Which of the statements given above is/are correct? 
What is the provision to safeguard the autonomy of the Supreme Court of India? 1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India. 2. The Supreme Court Judges can be removed by the Chief Justice of India only. 3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislative does not have to vote. 4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.   Which of the statements given above is/are correct?
Which of the following subject matters Articles Related to Supreme Court is NOT correctly stated with their respective Article no.?  128. Supreme Court to be a court of record 131. Original jurisdiction of the Supreme Court 130 A. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws (Repealed) 130. Seat of Supreme Court
Consider the following statements to answer this question.
1. Parliament cannot extend the jurisdiction and power of the Supreme Court.
2. No discussion can take place in Parliament with respect to the conduct of judge of the Supreme Court in discharge of the duties.
3. A retired judge of the Supreme Court cannot appear or plead in any court or before any authority within the territory of India.
4. The salaries and allowances of the Supreme Court are fixed by the Constitution and charged on the Consolidated Fund of India.
Which of these statement are correct?