Q.When does the Court use review powers? What is the difference between judicial review and writ?
You're viewing a preview — the full solution, concept, methods & PYQ mapping are locked.
Start your 14-day free trial to unlock the full solution →The Court uses review power when a law is challenged as inconsistent with the Constitution — either because it violates fundamental rights or the federal distribution of powers — and this is distinct from a writ, which is a direct order restoring a specific individual's already-violated right rather than a ruling on a law's constitutionality.
When judicial review is used. Judicial review is the power of the Supreme Court, or a High Court, to examine whether a law is consistent with the Constitution; if the Court concludes it is not, the law is declared unconstitutional and inapplicable. This power gets used in two broad situations. First, when a law is challenged as violating a fundamental right — the Court can strike it down under Article 13. Second, when a law is challenged on federal grounds — for instance, if the central government passes a law that some States argue actually concerns a subject on the State List; if the Court agrees, it declares the law unconstitutional on those federal grounds instead. Review applies equally to laws passed by Parliament and by State legislatures, and even the Supreme Court is not permanently bound by its own past rulings, since Article 137 lets it review and revisit its own earlier judgments. …
Unlock everything free for 14 days
- Full step-by-step solutions
- Concept-first explanations
- Methods, shortcuts & mistakes
- PYQ mapping + timed mock tests
Full access for 14 days. No credit card required.