Judicial Review Under the Constitution
Before we start talking on Judicial review under the Constitution i want all your focus on the meaning of judicial review so In short Judicial Review Meaning is
Judicial Review Meaning
Judicial review is the power of the judiciary to examine the constitutionality of laws and government actions. If found unconstitutional, they can be struck down.
Example (India): In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that Parliament cannot amend the basic structure of the Constitution, reinforcing judicial review.
Judiciary assumes a place of great significance in a democratic polity. Courts not only resolve disputes between citizens but they also resolve disputes between citizens/people and State. In many countries doctrine of judicial review is prevalent.
The Constitution is the supreme law of the land and any law inconsistent with the provisions of the Constitution is void. Courts perform the role of expounding the provisions of the Constitution and exercise the power of declaring the law or administrative action void on the grounds of inconsistency with provisions of the Constitution.
In exercising the power of judicial review, the courts discharge functions which may be regarded as crucial to entire governmental process. Meanings of several provisions of Constitution may not be self-evident. If there is no independent authority to interpret and expound it then the written constitution would be an empty formality. This task cannot be performed by any political body. Since judiciary is free from active political bias it is best suited to perform the role of interpreter of the Constitution.
Doctrine of Judicial Review Under The Constitution Of India
Doctrine of judicial review is an integral part of American judicial process. The concept of judicial review originated in USA. In a landmark case of Marbury v. Madison, the US Supreme Court clearly held that it had the power of judicial review and it can review the constitutionality of the Acts passed by the Congress. Court held that the Constitution seeks to define and limit the powers of the legislature and it would be of no purpose if legislature oversteps it every time. If the law inconsistent with Constitution is not declared void then the written constitution would lose all its significance.
Judicial review in India: Doctrine of judicial review is implicit in the Constitution of India. Judicial review has implicit sanction in Articles 13, 32, 226.
The Supreme Court in the case of State of West Bengal v. Committee for Protection of Democratic Rights, West Bengal, AIR 2010 SC 1476 held that the power of judicial review is vested in Supreme Court and High Courts under Articles 32 and 226 respectively. It is an integral and essential feature of the Constitution constituting its basic structure.
In short (Supreme Court and High Courts have the power of judicial review, as confirmed in State of West Bengal v. Committee for Protection of Democratic Rights (2010)).
Article 13(2) provides that if State makes a law which is inconsistent with any provisions of Part II then to the extent of contravention such law is void. It is the function of the court to assess individual laws vis-à-vis fundamental rights and strike down such law which infringes fundamental rights. Article 13 makes judiciary, especially Supreme Court, guardian, protector and interpreter of fundamental rights. A law is declared unconstitutional by Supreme Court or High Court if it contravenes any of the fundamental rights. Supreme Court in the case of Balwant Singh v. Commr. of Police, (2015) 4 SCC 801, has held that the constitution casts a duty on State and its authorities to ensure that fundamental right of every citizen is preserved and protected.
In Short – In Balwant Singh v. Commissioner of Police (2015), the Supreme Court reaffirmed that the State must protect fundamental right
Supreme Court has held that judicial review is the basic structure of the Constitution. [L. Chandra Kumar v. Union of India, (1995) 1 SCC 400]. It means that the power of judicial review cannot be curtailed by constitutional amendments.
In Short – In L. Chandra Kumar v. Union of India (1995), the Supreme Court ruled that judicial review is part of the Basic Structure of the Constitution, meaning it cannot be removed even through constitutional amendments.
Supreme Court in the case of Minerva Mills v. Union of India, AIR 1980 SC 1789, held that it is the function of courts to pronounce the validity of laws. If the courts are deprived of this power then the fundamental rights will become a mere adornment and they will remain rights without authority.
In Short- In Minerva Mills v. Union of India (1980), the Supreme Court emphasized that courts have the power to declare laws unconstitutional.
In the case of State of Rajasthan v. Union of India, AIR 1977 SC 1361, the Court held that the Supreme Court is the ultimate interpreter of the Constitution.
Conclusion –
We Hope You now Understand the Judicial Review Under the Constitution of india and Judicial review meaning
Frequently Asked Questions Related To Judicial Review
-
Question 1. Which Article of the Indian Constitution explicitly provides for judicial review?
Answer 1. Article 13 -
Question 2 .The doctrine of judicial review allows the judiciary to:
Answer 2. Review and strike down unconstitutional laws -
Question 3 . Which landmark case established that judicial review is a part of the “Basic Structure” of the Constitution?
Answer 3. Kesavananda Bharati v. State of Kerala -
Which type of judicial review assesses whether a law violates the fundamental rights guaranteed under the Constitution?
Answer 4. Constitutional Review -
Judicial Review in India is limited compared to the USA because:
Answer 5. Indian courts follow the principle of “Procedure Established by Law”
Right Now We Only select These Five questions On “Judicial review under the Constitution”
in the upcoming article we will discuss Deeply on Frequently asked questions which will help you during your exams .
For more Information you can Contact us through given link .
If you are looking to know more about Doctrines Like Doctrine of eclipse or Doctrine of severability then please click on given link.
We are also available on facebook so if you still having any query related to the exam then follow the given link .
