Multiple choice

Which one of the following statements regarding the judicial review in India is not correct?

  1. A case must be brought before the Supreme Court regarding the validity of a law.

  2. Unanimous opinion of all judges is necessary for declaring a law null and void.

  3. Legislative enactments and executive orders may be struck down by the Supreme Court.

  4. This power is implicit in the provisions of Article 13 of the Constitution.
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B Correct answer
Explanation

The Supreme Court can declare a law unconstitutional through a majority decision, not unanimity. Many important landmark judgments have been decided by split benches where judges differed in their opinions. The requirement that ALL judges must agree is not constitutionally mandated and would make judicial review practically impossible.

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