Skip to main content

Judicial Review in the Indian Constitution

Judicial Review in India

1. Introduction

Judicial Review is a fundamental feature of the Indian Constitution, empowering the judiciary to assess the constitutionality of legislative enactments and executive actions. This mechanism ensures that all organs of the government operate within the confines of the Constitution, thereby upholding the rule of law and protecting the rights of citizens.

2. Constitutional Provisions

The authority for Judicial Review in India is derived from several articles of the Constitution:

  • Article 13: Declares that any law inconsistent with or in derogation of the Fundamental Rights is void.

  • Article 32: Empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights.

  • Article 226: Grants High Courts the power to issue writs for the enforcement of Fundamental Rights and for any other purpose.

  • Article 136: Provides the Supreme Court with the discretionary power to grant special leave to appeal against any judgment or order.

  • Article 141: States that the law declared by the Supreme Court is binding on all courts within the territory of India.

  • Article 142: Allows the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter.

These provisions collectively establish the framework for Judicial Review in India.

3. Scope of Judicial Review

Judicial Review in India encompasses the following areas:

  1. Legislative Actions: The judiciary can invalidate laws enacted by the Parliament or State Legislatures if they contravene the Constitution.

  2. Executive Actions: Administrative decisions and actions taken by the executive branch are subject to review to ensure they do not violate constitutional provisions or exceed the authority granted.

  3. Constitutional Amendments: While the Parliament has the power to amend the Constitution, such amendments are subject to Judicial Review to ensure they do not alter the 'Basic Structure' of the Constitution.

4. Significance of Judicial Review

Judicial Review serves several critical functions in the Indian democratic framework:

  • Upholding the Supremacy of the Constitution: Ensures that all laws and actions are in conformity with the Constitution.

  • Protection of Fundamental Rights: Acts as a safeguard against the infringement of individual rights by the state.

  • Maintenance of Federal Equilibrium: Balances the distribution of powers between the Union and State governments.

  • Check on Arbitrary Power: Prevents the misuse of power by the legislative and executive branches.

Through these functions, Judicial Review reinforces the principles of democracy and the rule of law.

5. Landmark Judgments

Several Supreme Court decisions have shaped the doctrine of Judicial Review in India:

  • Kesavananda Bharati v. State of Kerala (1973): Established the 'Basic Structure Doctrine,' asserting that certain fundamental features of the Constitution cannot be altered by amendments.

  • Minerva Mills Ltd. v. Union of India (1980): Reinforced the Basic Structure Doctrine and emphasized the balance between Fundamental Rights and Directive Principles.

  • L. Chandra Kumar v. Union of India (1997): Held that Judicial Review is a part of the basic structure of the Constitution and cannot be ousted.

  • S. R. Bommai v. Union of India (1994): Asserted that the proclamation of President's Rule under Article 356 is subject to Judicial Review.

These judgments underscore the judiciary's role in preserving the constitutional ethos.

6. Limitations of Judicial Review

While Judicial Review is a potent tool, it is not without limitations:

  • Non-Justiciable Matters: Certain areas, such as the implementation of Directive Principles, may not be subject to Judicial Review.

  • Political Questions: Issues that fall strictly within the domain of the legislature or executive may be deemed non-justiciable.

  • Self-Imposed Restraint: The judiciary often exercises restraint, adhering to the principle of separation of powers and avoiding encroachment into legislative or executive functions.

These limitations ensure a balance between judicial intervention and respect for the functions of other branches of government.

7. Conclusion

Judicial Review is an indispensable component of the Indian constitutional framework. It empowers the judiciary to act as the guardian of the Constitution, ensuring that the principles of justice, liberty, equality, and fraternity are upheld. By scrutinizing legislative and executive actions, Judicial Review maintains the sanctity of the Constitution and fortifies the democratic fabric of the nation.

References:

  • Constitution of India – Articles 13, 32, 226, 136, 141, 142

  • Wikipedia – Judicial review in India(Wikipedia)

  • NEXT IAS – Judicial Review: Meaning, Scope, Significance & More

  • Drishti Judiciary – Judicial Review under COI

  • ILMS Academy – Judicial Review in India: An Essential Overview

  • Lawctopus – What is Judicial Review? Its Meaning, Article, Scope in India

  • Lloyd Law College – Judicial Review in India: Meaning, Types and Importance

  • Century Law Firm – Judicial Review In India: Importance, Landmark Cases & Criticism


Labels:

Comments

Post a Comment

Popular posts from this blog

Contracts 1-Assignment 1-Part A - Agreement

Agreement  1. Introduction An agreement is a mutual understanding between two or more parties regarding their rights and obligations. It is the foundation of a contract and is formed when one party makes an offer and the other accepts it. 📌 Definition : According to Section 2(e) of the Indian Contract Act, 1872 , an agreement is “every promise and every set of promises forming the consideration for each other.” 📌 Abbreviation & Meaning : Agreement (Agrmt.) : A negotiated and legally recognized understanding between parties. Contract vs. Agreement : Every contract is an agreement, but not all agreements are contracts. A contract becomes legally enforceable, whereas an agreement may or may not have legal binding. 2. Explanation For an agreement to be valid, it must include: ✅ Offer and Acceptance – One party must make an offer, and the other must accept it. ✅ Consideration – Something of value must be exchanged. ✅ Mutual Consent...
Post a Comment
Read more

Contracts 1-Assignment 1-Part A - Voidable Contract

Voidable Contract 1. Introduction A voidable contract is a valid contract that one or both parties can either enforce or void due to certain legal defects. Unlike a void contract, which is unenforceable from the beginning, a voidable contract remains valid until it is legally rescinded by the affected party. 📌 Definition: According to Section 2(i) of the Indian Contract Act, 1872, a voidable contract is “an agreement which is enforceable by law at the option of one or more parties, but not at the option of the other(s).” 📌 Abbreviation & Meaning: Voidable Contract (V.C.): A contract that is initially valid but can be canceled under specific conditions. Void vs. Voidable: A void contract is legally unenforceable, whereas a voidable contract is enforceable unless the aggrieved party chooses to rescind it. 2. Explanation A contract may become voidable due to the following factors: ✅ Coercion – If one party forces the other to enter the cont...
Post a Comment
Read more