In this article you will learn about the Judicial Review in India in Political Science.
Judicial Review in India
Recognising fully the importance of Judicial Review as an important remedy against the possible legislative and executive excesses, the makers of the Constitution of India incorporated it as a feature of the Indian Judicial System. However, rather than providing for it in a single article, they decided to introduce it through various constitutional provisions. They decided to follow the example of the US Constitution but at the same time tailored it in accordance with the conditions and needs of Indian society.
The constitution of India is the supreme law of the land, and the Supreme Court of India has the supreme responsibility of interpreting and protecting it. It also acts as a guardian-protector of the fundamental rights of the people and for this purpose the Supreme Court exercises the power of determining the constitutional validity of the legislative and the executive measures. It has the power to reject any measure or any of its parts which is found to be unconstitutional. This power of the Supreme Court is referred to as the Judicial Review power. The State High Courts also exercise such a power but the judgements can be rejected or modified or upheld by the supreme court. As such, the Supreme Court has the final power of conducting Judicial Review overall laws or rules of all the legislature and the executive in India.
Judicial Review : Meaning and Definition
Judicial Review refers to the power of the court to interpret the constitution and to declare acts of the legislature, executive or administration void, if it finds them in conflicts with the supreme law, i.e., the Constitution.
In other words Judicial Review is the power of the court by which it :
- reviews the laws of the legislature and executive in cases that comes before it;
- determines the constitutional validity of laws; and
- rejects that law or any of its parts which is found to be unconstitutional or against the Constitution.
Three features govern its working :
- Judicial Review is not automatic. The courts cannot conduct Judicial review of their own. It is only when any law is challenged before them either specially or in the process of litigation, that the courts conduct Judicial Review.
- If the courts reject any law or any of its part, the decision comes into effect from the date of the judgement. The past activity based on that said act remains operative.
- While rejecting any law as unconstitutional, the court has to demonstrate its unconstitutionality by citing the constitutional provisions violated by it.
In conclusion, judicial review in India is a crucial aspect of the country's legal system. The power of judicial review is vested with the judiciary to ensure that the government and other authorities act within the bounds of the Constitution. The Supreme Court of India is the ultimate interpreter of the Constitution and has the authority to strike down any law or action of the government that violates the Constitution.
The scope of judicial review in India is broad, and it includes not only the review of legislative and executive actions but also the review of private individuals and organisations that may violate constitutional provisions. The judiciary plays an essential role in upholding the rule of law and protecting the fundamental rights of citizens.
However, there have been criticisms of judicial activism in India, where the courts have sometimes overstepped their authority and encroached on the powers of the legislature and executive. There have also been concerns about the delays and backlogs in the Indian judiciary, which can hinder the timely delivery of justice.
Overall, while there are challenges and criticisms of judicial review in India, it remains a critical mechanism for upholding the principles of the Constitution and ensuring that the government and other authorities are held accountable for their actions.
This article on Judicial Review in India in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.