Importance of Judicial Review

Introduction

Judicial Review is a fundamental principle of the constitutional framework in democracies. It empowers the judiciary to review and, if necessary, invalidate actions of the legislative and executive branches that are inconsistent with the Constitution. This mechanism ensures the supremacy of the Constitution and protects individual rights and freedoms.

1. Ensures Constitutional Supremacy

• Importance: Judicial Review is crucial in maintaining the supremacy of the Constitution. It ensures that all laws and executive actions conform to the Constitution, thereby safeguarding the fundamental principles and values enshrined in the constitutional document.
• Recent Example: In 2020, the Supreme Court of India struck down the unconstitutional amendments to the Constitutional Amendment Bill which aimed to dilute the provisions protecting Scheduled Castes and Scheduled Tribes. This upheld the Constitution’s guarantee of protection for these marginalized communities.

2. Protects Fundamental Rights

• Importance: Judicial Review plays a vital role in protecting individual rights and liberties by providing a mechanism to challenge any action or law that infringes upon fundamental rights. The judiciary acts as a guardian of individual freedoms, ensuring that legislative and executive actions do not violate constitutional rights.
• Recent Example: In 2018, the Supreme Court of India decriminalized Section 377 of the Indian Penal Code, which criminalized consensual same-sex relations. This landmark judgment underscored the judiciary’s role in protecting fundamental rights and promoting equality.

3. Maintains Balance of Power

• Importance: Judicial Review maintains the balance of power among the various branches of government. It prevents the abuse of power by ensuring that the legislative and executive branches do not exceed their authority or act in a manner that is unconstitutional.
• Recent Example: In 2019, the Supreme Court’s intervention in the Article 370 abrogation case, which challenged the legality of the revocation of Jammu and Kashmir’s special status, highlighted its role in checking the executive and legislative branches, thereby maintaining constitutional balance.

Conclusion

Judicial Review is essential for upholding constitutional supremacy, protecting fundamental rights, and maintaining the balance of power among government branches. Recent examples from India illustrate the judiciary’s role in ensuring that laws and executive actions adhere to constitutional principles and protect individual liberties.