NCERT Class 11 Political Science — Chapter 7: Judiciary

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With reference to the power of judicial review in India, what is the significance of Article 13 of the Constitution?

Official previous-year question

Verified 1 Aug 2026.

Options

AEstablishment of the Supreme Court as the apex judicial authority
BPower of courts to invalidate laws inconsistent with Fundamental Rights
CDetermination of salaries, allowances, and service conditions of judges
DProcedure for appointment and tenure of judges of constitutional courts

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Solution

The correct option is Power of courts to invalidate laws inconsistent with Fundamental Rights.

Explanation

Article 13 of the Indian Constitution serves as the protective shield for Fundamental Rights. It explicitly declares that any law inconsistent with or in derogation of the Fundamental Rights (Part III) shall be void to the extent of such inconsistency. This article provides the primary constitutional basis for the doctrine of Judicial Review in India.

Option Analysis:

Power of courts to invalidate laws inconsistent with Fundamental Rights is Correct: Article 13(2) prohibits the State from making any law that takes away or abridges the rights conferred by Part III. It empowers the courts (Supreme Court under Article 32 and High Courts under Article 226) to examine the constitutionality of laws and declare them ultra vires (void) if they violate Fundamental Rights.
Establishment of the Supreme Court as the apex judicial authority is Incorrect: The establishment and constitution of the Supreme Court are governed by Article 124.
Procedure for appointment and tenure of judges of constitutional courts is Incorrect: The appointment of judges to the Supreme Court is provided for under Article 124(2).
Determination of salaries, allowances, and service conditions of judges is Incorrect: The salaries of judges are dealt with under Article 125 and the Second Schedule of the Constitution.

Key Takeaway:
Article 13 establishes the supremacy of Fundamental Rights over ordinary laws and explicitly grants the judiciary the power of Judicial Review to strike down unconstitutional legislation.

Your note

More from Chapter 7: Judiciary

The Supreme Court can declare a law unconstitutional if it violates: 1. Fundamental Rights. 2. The federal distribution of powers. 3. The political manifesto of the ruling party. Which of the statements given above is/are correct?

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Which country's constitution explicitly incorporates Public Interest Litigation in its Bill of Rights?

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The Kesavananda Bharati case (1973) is historically significant for establishing:

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In the Kesavananda Bharati judgment, what was the Supreme Court's stance on the Right to Property?

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Consider the following statements about the removal of judges: 1. No judge of the Supreme Court has ever been removed from office so far. 2. The motion to remove Justice V. Ramaswami was passed by the Parliament but vetoed by the President. Which of the statements given above is/are correct?

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The correct option is Power of courts to invalidate laws inconsistent with Fundamental Rights.

Explanation

Option Analysis:

Power of courts to invalidate laws inconsistent with Fundamental Rights is Correct: Article 13(2) prohibits the State from making any law that takes away or abridges the rights conferred by Part III. It empowers the courts (Supreme Court under Article 32 and High Courts under Article 226) to examine the constitutionality of laws and declare them ultra vires (void) if they violate Fundamental Rights.
Establishment of the Supreme Court as the apex judicial authority is Incorrect: The establishment and constitution of the Supreme Court are governed by Article 124.
Procedure for appointment and tenure of judges of constitutional courts is Incorrect: The appointment of judges to the Supreme Court is provided for under Article 124(2).
Determination of salaries, allowances, and service conditions of judges is Incorrect: The salaries of judges are dealt with under Article 125 and the Second Schedule of the Constitution.