Which of the following is/are correct about the scope of judicial review?
- 1. Authority derived from a statute of Parliament may be challenged on the ground that the Act of Parliament itself is unconstitutional.
- 2. Delegated legislation can be challenged on the ground of legality.
- 3. The sanctity of the Fundamental Rights is violated by the administration.
Select the correct answer using the codes given below.
- AOnly 1 and 2
- B1, 2 and 3
- COnly 1
- DOnly 2 and 3
Show answer and explanation
Correct answer: (b) 1, 2 and 3
Explanation
All three are within the scope of judicial review:
1. A power that comes from an Act of Parliament can be challenged on the ground that the Act itself is unconstitutional (Article 13).
2. Delegated legislation (rules made by the executive) can be challenged if it goes beyond the parent Act or the Constitution (ultra vires).
3. Administrative action that violates Fundamental Rights can be struck down under Articles 32 and 226.