History & Civics
Briefly explain about the power of Judicial Review of High Courts.
High Courts
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Answer
The High Court has the power of Judicial Review.
- If any law, executive order or any ordinance passed by the State Legislature or any other authority infringes the Fundamental Rights or contravenes any provision of the Constitution, the High Court can declare it 'null and void'.
- The High Court may withdraw a constitutional case from a Subordinate Court and deal with it or send it back with its directions.
- The 42nd Amendment Act, 1976, introduced provisions, where the power of the High Court to judge the constitutionality of a State law was withdrawn during the Emergency.
- But with the repeal of certain parts of the 42nd Amendment, the High Courts regained their powers of considering the Constitutional validity of any State law or executive order or ordinance.
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