Explanation
Judicial Review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If a law is found to be violative of the Constitution (ultra vires), the Supreme Court has the authority to declare it illegal, unconstitutional, and void.
Statement-wise Analysis:
- Statement 1 is Correct: Under Article 13 of the Indian Constitution, any law that is inconsistent with or in derogation of the Fundamental Rights (Part III) is void. The Supreme Court, as the guardian of Fundamental Rights, can strike down such laws.
- Statement 2 is Correct: The Constitution distributes legislative powers between the Centre and the States via Article 246 and the Seventh Schedule. If a legislature enacts a law on a subject outside its assigned jurisdiction (legislative incompetence), the Supreme Court can declare it unconstitutional for violating the federal distribution of powers.
- Statement 3 is Incorrect: A political manifesto is a policy declaration by a political party and holds no legal or constitutional sanctity. A law is tested solely against the provisions of the Constitution, not against the promises or manifestos of the ruling party.
Key Takeaway:
The Supreme Court exercises Judicial Review primarily on three grounds: infringement of Fundamental Rights, transgression of legislative competence (federal balance), and violation of other constitutional provisions. Political manifestos are legally non-binding.
The correct option is 1 and 2 only.