Judicial review is a crucial part of the Indian Constitution, allowing the judiciary to act as a check on the government's legislative and executive branches. It ensures that the government functions within the limits set by the Constitution and that the rights of citizens are protected. Judicial reRead more
Judicial review is a crucial part of the Indian Constitution, allowing the judiciary to act as a check on the government’s legislative and executive branches. It ensures that the government functions within the limits set by the Constitution and that the rights of citizens are protected.
Judicial review is a process by which the Supreme Court and the High Courts of India can examine, determine, and invalidate actions by the executive or legislature that are inconsistent with the Constitution. Courts can strike down any law that violates a provision of the Constitution, and they can also issue writs to correct illegal or invalid government actions.
Judicial review in India is the power of the Supreme Court and High Courts to examine and invalidate laws or executive actions that are inconsistent with the Constitution. It’s a key part of the separation of powers, ensuring that the Constitution is supreme and that the legislature and executive branches follow its principles.
Protects fundamental rights
Judicial review safeguards the fundamental rights of citizens by ensuring they aren’t violated by the government or other authorities.
Maintains checks and balances
It acts as a check on the powers of the legislature and executive, preventing misuse of power , etc.
The Supreme Court and High Courts can strike down laws or executive actions that they find unconstitutional or beyond the powers granted by the Constitution. They can also issue orders, instructions, and writs.
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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:
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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