The Supreme Court (SC) recently stated that it would not impose greater or heightened judicial scrutiny on the Central Vista project. The court maintained that the government is within its rights to make mistakes or achieve successes in policy issues without judicial interference, as long as it follows constitutional principles. The Central Vista project in New Delhi features prominent structures like Rashtrapati Bhawan, Parliament House, North and South Block, India Gate, National Archives, and others.
Concepts of Judicial Review
A technique adopted from the American Constitution and incorporated into the Indian Constitution, Judicial Review is a legal proceeding in which a judge scrutinizes the legality of a decision or action by a public entity. Essentially, it challenges the decision-making process rather than the outcome reached. Two integral concepts of law underpin this doctrine: ‘Procedure Established by Law’ and ‘Due Process of Law’. The former checks if the correct legal procedure has been followed while the latter ensures the law’s fairness and justice.
Functions and Types of Judicial Review
Judicial review serves two functions: legitimizing government action and protecting the constitution against any undue encroachment by the government. It plays an interpretational and observer role within the Indian judiciary. There are three types of Judicial Review: Reviews of Legislative Actions, Administrative actions, and Judicial Decisions.
Importance and Issues with Judicial Review
Judicial Review is critical for several reasons, including maintaining the constitution’s supremacy, checking potential abuses of power by the legislature and executive, and protecting citizens’ rights. It also secures the judiciary’s independence, maintains the federal balance, and prevents executive tyranny. However, it has certain limitations too. It can impede government functioning, violate the constitutionally prescribed limit of power, harm public interest due to personal biases, and possibly erode public faith in government efficacy.
Constitutional Provisions for Judicial Review
Indian Constitution does not expressly mention judicial review, but it sets certain boundaries on each organ of the government, violation of which leads to nullification of the law. The judiciary decides whether any constitutional limitations have been breached or not. These provisions articulate the process of judicial review:
1. Article 372 (1) allows judicial review of pre-constitution legislation.
2. Article 13 declares any law violating Fundamental Rights as void.
3. Articles 32 and 226 vests Supreme and High Courts with protection and guarantee of fundamental rights.
4. Article 251 and 254 render a state law inconsistent with union laws void.
5. Article 246 (3) confers exclusive powers on state legislature on matters related to the State List.
6. Article 245 determines the powers of Parliament and State legislatures according to constitutional provisions.
7. Articles 131-136 grant the court the authority to adjudicate disputes between individuals, states, and the union.
8. Article 137 bestows special power on the SC to review its judgment or order.
Maintenance of Equilibrium
Courts, armed with the power of judicial review, safeguard fundamental rights. Their involvement in the administrative decision-making process is growing with the expanding functions of the modern state. However, when judicial activism overrides its constitutionally defined boundaries, it tends to invalidate the core constitutional principle of separation of powers. Therefore, a delicate balance must be maintained between the judiciary, legislature, and the executive to uphold constitutional values.
Last Modified: February 10, 2024