Consider the following statements:
A. The power of Judicial Review in India is enjoyed by the Supreme Court as well as the High Court.
B. Any person aggrieved by a ruling can file a Review Petition within 30 days of the court verdict.
C. Review Petitions are heard in open court as the lawyers make their arguments through either oral arguments or written submissions.
Which of the statements given above is/are correct?
- A and B only
- C only
- B and C only
- A, B, and C only
Correct Answer:
1. A and B only
Explanation:
Statement A: Correct.
The power of Judicial Review is granted to both the Supreme Court under Article 32 and the High Courts under Article 226 of the Constitution of India. It allows them to examine the constitutionality of laws and executive actions.
Statement B: Correct.
According to the Supreme Court rules, a Review Petition can be filed within 30 days from the date of the judgment or order.
Statement C: Incorrect.
Review Petitions are typically heard in chambers and not in open court, except in exceptional cases as decided by the court. Oral arguments are rarely allowed, and submissions are generally made in writing.
Source Links for Verification:
- Constitution of India - Judicial Review
legislative.gov.in - Supreme Court of India - Review Petition Rules
supremecourtofindia.nic.in
