Scope of Judicial Review in India

Scope of Judicial Review in India

The following mentioned is the scope of judicial review in India:...

1. Individual and Group Rights

Judicial review is the shielding of the basic rights of people and groups that are in the Constitution, for example, freedom of speech, equality and the right to live and be yourself. The courts interfere by prohibiting the state from violating the rights of individuals. This makes them, therefore, the guarantors of the same. The interpretation of the new laws and, more so, the execution of the same are, therefore, done with the bill or the rights to the individual persons in mind. Trade cases such as the Maneka Gandhi v. Union of India have expanded the scope of individual rights, putting forward the necessity of the rights that give more power to the people in a democratic government. By way of judicial activism, courts empowered the interpretation of the rights in wider manner, and issues like privacy and environmental protection became in turn issues to be resolved....

2. Centre-State Relations

Senates serve as arbiters between the central and state governments and the Constitution which establishes power sharing between the national and the state government is interpreted. The principle guarantees that no authority overextends itself and untangle the two of them, thus maintaining the balance of federalism. The judiciary is a neutral and indifferent party which protects the independence of the states and ensures the community is united and with all its pieces in the nation. Courts offer explanation about federalism within the constitution thus suitably jogging cooperative federalism initiatives while at the same time preserving the autonomy of the states....

3. Fairness in Executive Actions

In the judiciary, the standard of executive actions is gauged to ascertain that they are according to the principles of natural justice such as the fair hearing and the impartiality in taking decisions. They guard against encroachments upon the scope of power by invalidating unexamined, unreasonable, and unconstitutional decisions made by the executive. Under judicial supervision, the higher branch of the administration is held responsible for openness of the statements made and whether it is being made in the public interest. The decision given in the case, A. K. Gopalan v. State of Madras, is known as a landmark one, and it laid the grounds for the role of judiciary in limiting the executive in its abuse against the civil freedoms of the people. Thus it, at the same time, became the legal precedent for fairness in administrative actions....

4. Basic Structure

Judicial review ensures the integrity of the Constitution by defending its main objectives, core principles, the central therefore its underlying values. It outlaws any constitutional amendments or activities of the kind aimed to restrict the Constitution itself, as defined by the judges. By following the doctrine of basic structure, the judiciary assures the consistency, completeness, and intactness of the Indian constitutional system. The control functional of judicial review of constitutional amendments enforces the sovereignty of the Constitution and prevents any other changes that may be arbitrary and destructive of democratic ideals and rights as well....

Conclusion

The scope of judicial review in India is not merely extensive but also integral for ensuring effectiveness of our constitutional democracy. Normally, the judiciary does it through judicial review which is a mediate by which it protects the individual rights against the encroachment of state and non-state actors. It’s one of the central players that makes it possible to maintain the balance of power between central and state governments and it also ensures that federal principles are respected and not violated. Judicial review helps the executive power to be fair by keeping it accountable and cultivates transparency and fairness in the governance. In addition to this, the judiciary engagement in the protection of the basic structure of the Constitution of the country guarantees the stability and continuity of the democratic framework of India. Ultimately, the judicial review strengthens the rule of law, underpins the constitutional values and comes as an elemental pillar in the democratic government of India....

Scope of Judicial Review in India- FAQ’s

Which type of cases can be subjected to the Judiciary Review in India?...