AILET 2016 BA LLB Question Paper with answer key for online practice

It is not generally realised that when a court upholds or invalidates legislation or executive action, it neither approves nor condemns any legislative policy, nor is it concerned with the wisdom or expediency of the administrative action. It merely determineswhether the legislation or executive action is in conformity with or contrary to the provisions of the Constitution. It discharges the function of guarding the Constitution, no more, no less. Judicial activism is to be properly understood in the contextof the extent and the vigour and the readiness with which the courts exercise their power of judicial review. When courts actively perform an interventionist role, we witness the phenomenon of judicial activism. When the judiciary exercises self-restraintin exercising the power of judicial review and limits its role, there is absence of judicial activism. But the pendulum of judicial review is never static and judicial activism, or lack of it, is a variable phenomenon.
Which one of the following, if true,would defeat the case presented above ?