What is the concept of Judicial Review in India?

Introduction

Judicial Review is a fundamental concept in Indian constitutional law that allows the judiciary to review the actions of the legislative and executive branches of government. It ensures that all laws and executive actions comply with the Constitution of India.

Understanding Judicial Review

The concept of Judicial Review in India is derived from the power of the judiciary to examine the constitutionality of legislative and executive actions. This power is crucial in maintaining the rule of law and protecting the fundamental rights of citizens.

1. Constitutional Basis

• Article 13: Article 13 of the Indian Constitution declares that any law that contravenes the Constitution is void. This article empowers the judiciary to strike down laws that are unconstitutional.
• Article 32: Article 32 provides individuals the right to approach the Supreme Court for the enforcement of fundamental rights, thus giving the judiciary the power to review legislative and executive actions.

2. Scope of Judicial Review

Judicial Review encompasses various aspects:

1. Legislative Actions: The judiciary can review and invalidate laws enacted by Parliament and State Legislatures if they are inconsistent with the Constitution.
2. Executive Actions: The actions of the executive branch are subject to judicial review to ensure they do not exceed the powers granted by the Constitution.

3. Judicial Review Mechanism

The mechanism of Judicial Review involves:

• Petitions: Individuals or groups can file petitions challenging the constitutionality of laws or actions.
• Judicial Examination: Courts examine the petitions to determine whether the challenged laws or actions violate constitutional provisions.
• Judgments: If a law or action is found unconstitutional, the court can declare it null and void.

4. Impact of Judicial Review

Judicial Review has a significant impact on the governance and legal system of India:

1. Protection of Fundamental Rights: It ensures that fundamental rights of individuals are protected from unconstitutional encroachments.
2. Checks and Balances: It maintains a balance of power between different branches of government and prevents abuse of power.

Conclusion

Judicial Review is a cornerstone of the Indian legal system, providing a vital mechanism for upholding the Constitution and protecting the rights of citizens. Its role in ensuring that all government actions adhere to constitutional principles is indispensable for the democratic governance of India.