What is Supreme Court (Judicial Review & Constitutional Validity)?
Historical Background
Key Points
9 points- 1.
Article 124 establishes the Supreme Court and outlines the appointment and tenure of judges.
- 2.
Article 131 grants original jurisdiction for disputes between the Centre and states, or between states.
- 3.
Articles 132-136 deal with appellate jurisdiction in constitutional, civil, and criminal matters.
- 4.
Article 137 empowers the SC to review its own judgments or orders.
- 5.
Article 141 states that the law declared by the Supreme Court is binding on all courts within the territory of India.
- 6.
Article 142 allows the SC to pass such decree or order as is necessary for doing complete justice in any cause or matter.
- 7.
Article 32 grants citizens the right to move the SC directly for the enforcement of Fundamental Rights (Writ Jurisdiction).
- 8.
The power of judicial review allows the SC to declare any law or executive action unconstitutional if it violates the Constitution.
- 9.
Determining the constitutional validity of a law involves assessing its compliance with fundamental rights, distribution of powers, and other constitutional principles.
Visual Insights
Supreme Court: Judicial Review & Constitutional Validity
A mind map outlining the Supreme Court's power of judicial review, its constitutional basis, and its significance in upholding the Constitution, with a focus on its role in determining constitutional validity.
Supreme Court: Judicial Review
- ●Definition
- ●Constitutional Basis
- ●Constitutional Validity
- ●Significance & Impact
- ●Recent Examples
Judicial Review vs. Judicial Activism vs. Judicial Restraint
This table differentiates between three critical concepts related to the judiciary's role, often confused by aspirants, providing clarity for Mains answer writing.
| Aspect | Judicial Review | Judicial Activism | Judicial Restraint |
|---|---|---|---|
| Definition | Power to examine constitutionality of laws/orders. | Judiciary proactively steps into legislative/executive domains. | Judiciary limits its own power, defers to other branches. |
| Constitutional Basis | Explicitly implied (Art. 13, 32, 131-136). | No explicit basis; evolved through interpretation. | No explicit basis; a self-imposed discipline. |
| Objective | Uphold Constitution, protect FRs. | Deliver social justice, fill governance gaps. | Maintain separation of powers, avoid overreach. |
| Nature of Action | Reactive (on petition), legalistic. | Proactive, policy-making, expansive interpretation. | Passive, strict interpretation, avoids policy matters. |
| Examples | Striking down Electoral Bonds (2024), NJAC Act (2015). | Vishaka Guidelines (1997), pollution cases, PILs. | Refusal to intervene in certain policy matters, respecting legislative wisdom. |
| Criticism | Potential for judicial overreach (if not restrained). | Undermines separation of powers, lack of accountability. | May lead to inaction on critical issues, perpetuating injustice. |
Recent Developments
4 developmentsThe Supreme Court has been actively involved in scrutinizing various government policies and laws, including the Electoral Bonds Scheme, the abrogation of Article 370, and the Demonetisation policy.
Increased use of Public Interest Litigations (PILs) has expanded the scope of judicial intervention.
Debates continue regarding the balance between judicial activism and judicial restraint.
The SC's role in upholding fundamental rights and ensuring accountability of the executive and legislature remains paramount.