Judicial review is the power of courts to assess the legality of actions taken by public bodies. It examines if decisions comply with constitutional provisions. This process focuses on the decision-making process rather than the outcomes.
Key Concepts of Law
- Procedure Established by Law: Validity of laws depends on adherence to legislative procedures.
- Due Process of Law: Ensures laws are fair and just when affecting personal liberties.
India follows the principle of Procedure Established by Law, which means laws are valid if they follow the correct procedures.
Functions of Judicial Review
Judicial review serves two main functions:
- Legitimizing government actions.
- Protecting the Constitution from government overreach.
Types of Judicial Review
Judicial review can be categorized into three types:
- Review of Legislative Actions: Ensures laws conform to the Constitution.
- Review of Administrative Actions: Checks compliance of administrative decisions with constitutional mandates.
- Review of Judicial Decisions: Allows courts to amend or overturn previous rulings.
Importance of Judicial Review
Judicial review is essential for:
- Maintaining constitutional supremacy.
- Preventing misuse of power.
- Protecting citizens’ rights.
- Ensuring federal balance.
- Securing judicial independence.
Challenges of Judicial Review
Judicial review faces several challenges:
- Limits government functioning.
- Can lead to judicial overreach.
- May erode public trust in government.
Constitutional Provisions for Judicial Review
While the Constitution of India does not explicitly mention judicial review, several articles support it:
- Article 13: Laws conflicting with Fundamental Rights are void.
- Article 32: Supreme Court can issue writs for enforcing rights.
- Article 226: High Courts can issue writs for various purposes.
- Article 245: Legislative powers are subject to constitutional provisions.
- Article 372: Judicial review applies to pre-constitutional laws.
Evolution of Judicial Review
Judicial review originated in the USA and was later adopted in India. The Supreme Court has declared it a basic feature of the Constitution, making it immune from alteration by amendments.
Judicial Review of the Ninth Schedule
The Ninth Schedule was introduced to protect certain laws from judicial review. However, landmark cases have established that laws in this schedule can be challenged if they violate fundamental rights or the basic structure of the Constitution.
Significance of Judicial Review
Judicial review plays important role in:
- Upholding constitutional supremacy.
- Protecting individual rights.
- Maintaining a balance of power.
- Ensuring government accountability.
Benefits of Judicial Review
The benefits include:
- Reinforcement of constitutional supremacy.
- Checks and balances on government power.
- Protection of citizens from arbitrary actions.
- Maintenance of federal equilibrium.
Criticisms of Judicial Review
Critics argue that:
- Frequent judicial interference can create instability.
- Judicial overreach may undermine democracy.
- Delays in the judicial process can hinder timely justice.
Judicial Review in Practice
Judicial review in India has been brought into light in landmark cases:
- Golaknath vs. State of Punjab: Parliament cannot amend Fundamental Rights.
- Keshavananda Bharati vs. State of Kerala: Basic structure doctrine established.
- Minerva Mills vs. Union of India: Parliament cannot amend the Constitution arbitrarily.
Judicial Review Process
The judicial review process involves:
- Filing a petition in the Supreme Court or High Court.
- Judicial examination of the law or action.
- Issuance of orders or writs if found unconstitutional.
Categories of Judicial Review
Judicial review can be further categorised:
- Constitutional Judicial Review: Examines legislative and executive actions.
- Statutory Judicial Review: Assesses statutes for validity.
- Administrative Judicial Review: Reviews administrative decisions for legality.
- Procedural Judicial Review: Ensures correct legal processes were followed.
- Substantive Judicial Review: Evaluates the fairness and reasonableness of laws.
Scope of Judicial Review in India
The scope of judicial review includes challenges based on:
- Infringement of Fundamental Rights.
- Authority exceeding its powers.
- Conflict with constitutional provisions.
Judicial Review vs. Constitutional Amendments
The judiciary can review constitutional amendments. If an amendment violates the basic structure, it can be declared void. This maintains the integrity of the Constitution.
Judicial Review and Democracy
Judicial review serves as a guardian of democracy. It ensures that elected representatives do not abuse their power. This is essential for protecting minority rights and maintaining accountability.
Judicial Review Procedures
Judicial review procedures can be lengthy. Courts may take time to deliberate and issue rulings. This can lead to backlogs in the judicial system.
Judicial Review and Public Perception
Frequent judicial interventions can lead to public scepticism. Citizens may question the efficiency and integrity of government actions. This perception can affect trust in democratic institutions.
