Doctrine of Judicial Review — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Which Article guarantees the right to move the Supreme Court directly for enforcement of Fundamental Rights?

   • Article 13
   • Article 32 (correct answer)
   • Article 226
   • Article 245

   Explanation. Article 32 guarantees the right to move the Supreme Court directly for enforcement of Fundamental Rights.

2. Unlike India, judicial review in the United States originated from:

   • An express provision in the U.S. Constitution
   • The Supreme Court's own assertion of the power in Marbury v. Madison (1803) (correct answer)
   • An Act of Congress
   • A Presidential executive order

   Explanation. The U.S. Supreme Court asserted judicial review for itself in Marbury v. Madison (1803) — the American Constitution does not expressly grant it.

3. In Minerva Mills v. Union of India (1980), the Supreme Court held that:

   • Judicial review can be excluded by a constitutional amendment
   • Judicial review is itself part of the Constitution's basic structure and cannot be excluded (correct answer)
   • Only the President can exercise judicial review
   • Fundamental Rights always override Directive Principles absolutely

   Explanation. Minerva Mills held that judicial review is part of the basic structure and cannot be excluded even by a constitutional amendment.

4. In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that tribunal decisions:

   • Cannot be reviewed by any court
   • Remain subject to review by a Division Bench of the jurisdictional High Court under Articles 226/227 (correct answer)
   • Can only be appealed to the President
   • Are final and binding with no further recourse

   Explanation. L. Chandra Kumar held that tribunal decisions remain subject to scrutiny by the jurisdictional High Court under Articles 226/227.

5. Which Article gives High Courts the power to issue writs not only for Fundamental Rights but "for any other purpose" as well?

   • Article 32
   • Article 226 (correct answer)
   • Article 131
   • Article 368

   Explanation. Article 226 empowers High Courts to issue writs for enforcement of Fundamental Rights plus "any other purpose," broader in purpose than Article 32.

6. "Wednesbury unreasonableness," a ground for judicial review of administrative action, originated from:

   • An Indian Supreme Court case
   • An English case (correct answer)
   • The U.S. Constitution
   • The Government of India Act, 1935

   Explanation. Wednesbury unreasonableness takes its name from the English case Associated Provincial Picture Houses v. Wednesbury Corporation (1948).