Judicial Review is the power of the judiciary, particularly the Supreme Court and High Courts in India, to examine the constitutionality of laws, executive orders, and government actions. It allows courts to ensure that the laws and actions of the legislature and executive conform to the Constitution. If a law or action violates the Constitution, the courts have the authority to declare it invalid or unconstitutional.
Meaning and Definition
Judicial Review is a process where the judiciary reviews the actions of the legislative and executive branches of government to ensure they do not exceed their constitutional powers or infringe on fundamental rights. It acts as a check and balance in the Indian democratic system, maintaining the supremacy of the Constitution.
In simple terms, if any law or government action violates constitutional provisions, the courts can strike it down or nullify it.
Origin and Importance
The concept of judicial review was first established in the United States in the landmark case of Marbury v. Madison (1803). It was later adopted by the Indian Constitution as a vital mechanism to protect the Constitution and individual rights.
In India, the power of judicial review is implied in the Constitution and explicitly stated in some provisions. This power helps preserve the rule of law, prevents arbitrary use of power, and protects the Constitution’s basic structure.
Provisions Under the Indian Constitution
Judicial review is not explicitly mentioned in one article but is derived from several articles:
- Article 13: Declares that any law inconsistent with or in derogation of fundamental rights shall be void.
- Article 32: Empowers the Supreme Court to issue writs for the enforcement of fundamental rights.
- Article 131 to 136: Grants original and appellate jurisdiction to the Supreme Court to review constitutional validity of laws.
- Article 226: Empowers High Courts to issue writs for enforcement of fundamental rights and for any other purpose.
- Article 368: Governs constitutional amendments, subjecting them to judicial review if they violate the basic structure.
Scope of Judicial Review
The courts can review:
- Legislative Actions: Laws passed by Parliament or State Legislatures can be challenged if they violate the Constitution or fundamental rights.
- Executive Actions: Orders, rules, regulations, or decisions by the executive authorities can be reviewed to ensure they conform to the law and Constitution.
- Constitutional Amendments: Since the Kesavananda Bharati case (1973), the Supreme Court held that amendments cannot alter the “basic structure” of the Constitution, and such amendments are subject to judicial review.
Purpose and Importance
Judicial review plays several important roles:
- Protects Fundamental Rights: Courts can strike down any law or executive action violating fundamental rights.
- Maintains Supremacy of the Constitution: Ensures all laws and government actions comply with constitutional provisions.
- Checks Abuse of Power: Prevents legislature and executive from overstepping their authority.
- Ensures Separation of Powers: Balances power among the legislature, executive, and judiciary.
- Safeguards Democracy: Protects the democratic framework by upholding constitutional values.
Limitations
While judicial review is a powerful tool, it has some limitations:
- Courts cannot interfere in political questions or policy decisions.
- Judicial review cannot be exercised against constitutional amendments that do not affect the basic structure.
- It depends on cases being brought before the court, so some unconstitutional actions may go unchecked if not challenged.
Conclusion
Judicial Review is a cornerstone of India’s constitutional democracy. It empowers the judiciary to act as a guardian of the Constitution and protector of citizens’ fundamental rights. By scrutinizing laws and executive actions, judicial review preserves the balance of power and ensures that governance remains within the framework of the Constitution.
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