Supreme Court had exercised judicial review authority in:

Supreme Court had exercised judicial review authority in: Correct Answer Keshavananda Bharathi case

The correct answer is Keshavananda Bharathi case.

Key Points

  • Kesavananda Bharati v/s State of Kerala also known as the Kesavananda Bharati judgment is a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution.
  • The doctrine forms the basis of the power of the Indian judiciary to review and override amendments to the Constitution of India enacted by the Indian parliament.
  • The 13-judge Constitution bench of the Supreme Court deliberated on the limitations, if any, of the powers of the elected representatives of the people and the nature of fundamental rights of an individual.

Important Points

  • Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975).
  • Some provisions in the constitution supporting the process of judicial review are:
    • Article 372 (1) establishes the judicial review of the pre-constitution legislation.
    • Article 13 declares that any law which contravenes any of the provisions of the part of Funda­mental Rights shall be void.
    • Articles 32 and 226 entrusts the roles of the protector and guarantor of fundamental rights to the Supreme and High Courts.
    • Article 137 grants power to the SC to review any judgment pronounced or order made by it.

Related Questions

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.