What is a Judicial Review?
- One of the most important aspects of the Indian Constitution is judicial review, which has contributed to the preservation of the document’s supremacy, ideals, and guiding principles.
- The Supreme Court and the High Courts of several states have the authority to conduct judicial reviews of legislative and administrative decisions.
- This authority has mostly been used to uphold and defend constitutionally guaranteed fundamental rights. Judicial Review has also been utilized, although less frequently, in cases involving legislative competence related to center-state relations.
- Courts have applied theories including “proportionality,” “legitimate expectation,” “reasonableness,” and the “principles of natural justice” with regard to judicial scrutiny of executive or administrative activities.
- The scope of judicial review in Indian courts focuses on three key issues:
- Constitutional Protection of Fundamental Rights;
- Legislative Competence of the Center and States;
- Fairness in Executive Actions.
Courts and Judicial Review
The Constitution of India establishes the basis for the Indian judicial system. India’s federal structure divides legislative authority between the Centre and States. Judicial Review is a cornerstone of Indian democracy, empowering the courts to act as guardians of the Constitution. Judicial Review safeguards the fundamental rights enshrined in the Constitution, like freedom of speech and equality. If a law restricts these rights unreasonably, the courts can strike it down.
Key Takeaways:
- The Constitution doesn’t explicitly mention “judicial review,” but it’s implied through various articles like Article 13, Article 32, and Articles 136, 142, and 226.
- Judicial Review is not about judging the wisdom of a law but its constitutionality.
- It prevents any one branch of government (legislature, executive, or judiciary) from becoming too powerful. By checking the others, judicial review upholds a balance.
Table of Content
- Court and Judicial Review
- What is a Judicial Review?
- Separation of Powers
- Conclusion
- Courts and Judicial Review – FAQs
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