Explain the concept of Judicial Review and its significance

216 Oct 2024

Nikhil Kumar2 followers

Judicial review is the process by which courts examine the constitutionality of legislative acts and executive actions. It serves as a check on the powers of the legislature and the executive, ensuring that they do not exceed their constitutional authority. It plays a pivotal role in maintaining the rule of law and protecting fundamental rights.

1. Definition and Concept of Judicial Review

Judicial review involves the power of courts to review laws, statutes, and actions of the government to ensure they align with the Constitution. Courts have the authority to declare laws unconstitutional if they violate constitutional principles.

Sub-topics under this:

Power of Judicial Review: Judicial review empowers courts to invalidate laws or executive orders that are inconsistent with the Constitution.
Judicial Review in India: In India, judicial review is a core feature of the Constitution, as outlined in Article 13 and reinforced through landmark cases like Kesavananda Bharati v. State of Kerala.
Scope of Judicial Review: The scope includes reviewing both legislative acts and executive actions that affect citizens" fundamental rights.
Constitutional Basis: Judicial review in India is based on the principle of the supremacy of the Constitution and the independence of the judiciary.

2. Significance of Judicial Review

Judicial review is significant because it maintains the balance of power between the different branches of government and ensures the protection of individual rights. It acts as a safeguard against any unconstitutional actions by the legislature or executive.

Sub-topics under this:

Protection of Fundamental Rights: Judicial review ensures that laws and government actions do not infringe upon citizens" fundamental rights.
Guarding Constitutional Integrity: By upholding the Constitution, judicial review preserves the integrity and supremacy of the Constitution over ordinary laws.
Preventing Arbitrary Power: Judicial review prevents the concentration of power in one branch of government by enabling judicial oversight.
Maintaining Rule of Law: Judicial review is essential for ensuring that all government actions comply with the rule of law, preventing abuse of power.

3. Judicial Review in the Indian Context

In India, judicial review is exercised by the Supreme Court and High Courts. These courts have the power to review laws passed by Parliament and the actions of the executive to ensure they are in line with the Constitution.

Sub-topics under this:

Article 13 of the Constitution: This article gives the power of judicial review, stating that any law inconsistent with fundamental rights is void.
Judicial Review and Parliament: Judicial review ensures that Parliament cannot make laws that violate the Constitution.
Judicial Review and Executive Actions: The judiciary can strike down executive orders or actions that are unconstitutional.
Landmark Cases: Cases like Kesavananda Bharati v. State of Kerala and Minerva Mills v. Union of India reinforced the importance of judicial review in India.

Key Questions for Revision

What is judicial review?
Judicial review is the power of courts to examine the constitutionality of laws and executive actions, ensuring they align with the Constitution.
Why is judicial review important in protecting fundamental rights?
Judicial review prevents laws and actions that violate constitutional rights, ensuring individual freedoms are safeguarded.
How does judicial review contribute to the balance of power in government?
Judicial review acts as a check on the powers of the legislature and the executive, preventing any one branch from becoming too powerful.
What are the key principles of judicial review in India?
Judicial review in India is based on constitutional supremacy, protecting fundamental rights, and maintaining the integrity of the Constitution.

Judicial review serves as a cornerstone of the legal system in India, ensuring the protection of individual rights and upholding the supremacy of the Constitution. Its significance lies in preventing unconstitutional actions and safeguarding the democratic framework of governance.