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Evaluate the success of the government’s tactics and policies in handling these crucial development difficulties, and talk about the government’s efforts to handle the challenges of urbanization, demographic change, and job creation in its economic planning.
Judicial Review in the Indian Constitutional System
Concept of Judicial Review:
Judicial review is a critical mechanism in the Indian constitutional system that allows the judiciary to examine the constitutionality of legislative and executive actions. This power ensures that laws and actions by the government comply with the Constitution of India. It acts as a check on the powers of the legislature and the executive, safeguarding the fundamental rights of citizens and maintaining the rule of law.
Scope of Judicial Review:
Legislative Acts: The judiciary can review and invalidate laws passed by the legislature if they are found to be unconstitutional. This includes assessing whether laws conform to the fundamental rights enshrined in the Constitution or the division of powers between the Union and State governments.
Executive Actions: The courts can review executive actions and decisions to ensure they are within the bounds of the law and not arbitrary or irrational. This includes reviewing administrative orders and regulations.
Constitutional Amendments: While the judiciary can review the constitutionality of laws, it cannot question the validity of constitutional amendments unless they alter the “basic structure” of the Constitution. The “basic structure” doctrine was established in the landmark case of Kesavananda Bharati v. State of Kerala (1973).
Limitations of Judicial Review:
Doctrine of Basic Structure: The judiciary cannot invalidate constitutional amendments if they do not violate the basic structure of the Constitution. This doctrine limits the scope of judicial review in terms of constitutional amendments.
Judicial Restraint: Courts exercise restraint in matters where legislative or executive discretion is involved. The judiciary respects the decisions of the legislature and executive within their domain unless there is a clear violation of constitutional principles.
Political Questions: Courts avoid intervening in purely political matters, where the issues are not justiciable.
Role of the Supreme Court and High Courts:
Supreme Court: The Supreme Court of India is the apex court and has the ultimate authority in matters of judicial review. It can hear appeals and petitions challenging the constitutionality of laws and executive actions. The Supreme Court’s decisions are binding on all lower courts and authorities.
High Courts: High Courts have jurisdiction to conduct judicial reviews within their respective states. They can review state legislation and executive actions. High Courts also play a role in interpreting and applying constitutional provisions in state matters.
Implications for Separation of Powers and Checks and Balances:
Separation of Powers: Judicial review reinforces the principle of separation of powers by ensuring that the legislative and executive branches act within their constitutional limits. It prevents any branch from overstepping its authority.
Checks and Balances: Judicial review serves as a check on the other branches of government, ensuring that their actions do not infringe on fundamental rights or exceed their constitutional authority. It promotes accountability and upholds the Constitution as the supreme law of the land.
In summary, judicial review is a cornerstone of the Indian constitutional system, ensuring that all government actions conform with the Constitution. It upholds the rule of law, protects fundamental rights, and maintains the balance of power among the legislative, executive, and judicial branches. While it has certain limitations, its role in safeguarding democracy and constitutional governance remains fundamental.
The Indian government has been grappling with the challenges posed by demographic transition, rapid urbanization, and the need for job creation in its economic planning and policy frameworks. Here’s a discussion of the government’s efforts and an evaluation of their effectiveness:
Demographic Transition:
Urbanization:
Job Creation:
Evaluation of Effectiveness: