Judicial review, in the simplest sense, is the power of the judiciary to review and determine the validity of the laws passed by the legislature in such a way that it does not conflict with the Constitution. The concept has been borrowed from the U.S. Constitution and is one of the basic structuresRead more
Judicial review, in the simplest sense, is the power of the judiciary to review and determine the validity of the laws passed by the legislature in such a way that it does not conflict with the Constitution. The concept has been borrowed from the U.S. Constitution and is one of the basic structures of the Indian Constitution.
According to Article 13(2), the Union shall not make any law that takes away or bridges any fundamental rights and any law made in contravention of the aforementioned mandate shall, to the extent be void. From this article the main functions of Judicial review can be summarised as:
- Protection of Fundamental Rights
- Ensuring Constitutional Supremacy
- Federal Balance
- Check on the use of arbitrary powers by the legislature.
- Development of Constitutional Law
Further, it also safeguards the constitution of India by assessing the constitutionality of the government’s actions, thereby preventing unconstitutional laws and actions. It protects fundamental rights, allowing courts to nullify any law or action that infringes individual liberties. The Supreme Court’s Basic Structure Doctrine, established in Kesavananda Bharati v. State of Kerala (1973), ensures that certain core constitutional features remain unaltered, even by amendments. Judicial review also prevents abuse of power by promoting accountability and transparency in governance and upholding the rule of law.
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The 42nd Amendment Act of 1976, often referred to as the "mini-Constitution," significantly altered the Indian Constitution. It was enacted during the Emergency period (1975-1977) and introduced extensive changes that impacted the balance of power between the central and state governments. One of thRead more
The 42nd Amendment Act of 1976, often referred to as the “mini-Constitution,” significantly altered the Indian Constitution. It was enacted during the Emergency period (1975-1977) and introduced extensive changes that impacted the balance of power between the central and state governments.
One of the most critical changes was the shift towards centralization. The amendment curtailed the powers of the states, enhancing the authority of the central government. It did so by transferring five subjects from the State List to the Concurrent List, including education, forests, and the administration of justice. This allowed the central government to legislate on these matters, thereby diminishing state autonomy.
Furthermore, the amendment reinforced the central government’s control over state governments by empowering the President to declare a national emergency on the grounds of “internal disturbance,” a term that was later replaced with “armed rebellion” by the 44th Amendment in 1978. This provision increased the central government’s ability to impose its will on states during emergencies.
Additionally, the amendment introduced changes that curtailed the judiciary’s power to review and invalidate laws passed by Parliament, thereby reducing judicial checks on central legislative authority.
Overall, the 42nd Amendment Act tilted the federal balance significantly in favor of the central government, eroding the federal structure envisaged by the original Constitution.
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