2 minConstitutional Provision
Constitutional Provision

Role of the Supreme Court (Judicial Review & Activism)

What is Role of the Supreme Court (Judicial Review & Activism)?

The Supreme Court of India is the highest judicial body and the final court of appeal under the Constitution. Its Role includes interpreting the Constitution, protecting fundamental rights, and settling disputes. Judicial Review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders. Judicial Activism refers to the judiciary's proactive role in compelling the legislative and executive organs to perform their duties or to fill legislative vacuums, often through Public Interest Litigations (PILs).

Historical Background

The concept of judicial review is inherent in India's constitutional framework, drawing inspiration from the US Constitution. Post-1970s, especially with the advent of Public Interest Litigation (PIL), the Supreme Court's role expanded significantly, leading to increased judicial activism in various domains, including governance and policy matters. Landmark cases like Kesavananda Bharati (1973) established the 'Basic Structure Doctrine'.

Key Points

8 points
  • 1.

    Article 32 (Right to Constitutional Remedies) and Article 226 (High Courts) empower citizens to approach courts for enforcement of fundamental rights.

  • 2.

    Article 13 declares laws inconsistent with fundamental rights as void.

  • 3.

    Article 136 (Special Leave Petition) allows the SC to grant special leave to appeal from any judgment or order.

  • 4.

    Article 141 states that the law declared by the SC is binding on all courts.

  • 5.

    Judicial Review ensures adherence to the Constitution, protects fundamental rights, and maintains the balance of power among the three organs of government.

  • 6.

    Judicial Activism often manifests in cases related to environmental protection, human rights, good governance, and sometimes in policy areas like economic decisions or electoral matters.

  • 7.

    The Court's intervention in the 'freebies' debate exemplifies its role in ensuring responsible governance and protecting the long-term economic health of the nation.

  • 8.

    Debate exists on the limits of judicial activism, often termed judicial overreach, when it encroaches upon the domains of the legislature or executive.

Visual Insights

Supreme Court's Role: Pillars of Indian Judiciary

This mind map outlines the multifaceted role of the Supreme Court of India, focusing on its constitutional powers, the concepts of judicial review and activism, and recent interventions that shape governance and policy.

Supreme Court of India

  • ●Constitutional Powers
  • ●Judicial Review
  • ●Judicial Activism
  • ●Recent Interventions

Recent Developments

4 developments
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Supreme Court's intervention in the Electoral Bonds case (2024), striking down the scheme.

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Active role in issues like air pollution, migrant labor crisis during COVID-19, and hate speech.

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The 'freebies' debate is a recent example of the SC weighing in on a policy matter with significant economic and political implications, referring it to a larger bench.

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Continued discussions on judicial appointments and the collegium system.

Source Topic

Bihar's Pre-Election Freebies Spark Debate on Fiscal Prudence

Polity & Governance

UPSC Relevance

Fundamental for UPSC GS Paper 2 (Polity, Constitution, Judiciary). Frequently asked in Prelims (articles, powers) and Mains (analysis of judicial review, judicial activism, separation of powers, challenges to the judiciary, role in governance).

Supreme Court's Role: Pillars of Indian Judiciary

This mind map outlines the multifaceted role of the Supreme Court of India, focusing on its constitutional powers, the concepts of judicial review and activism, and recent interventions that shape governance and policy.

Supreme Court of India

Original Jurisdiction (Art. 131)

Appellate Jurisdiction (Art. 132-134A, 136)

Writ Jurisdiction (Art. 32)

Advisory Jurisdiction (Art. 143)

Power to do Complete Justice (Art. 142)

Constitutional Validity of Laws

Protection of Fundamental Rights

Basic Structure Doctrine (Kesavananda Bharati)

Public Interest Litigation (PIL)

Compelling Executive/Legislature

Areas: Environment, Human Rights, Good Governance

Electoral Bonds Case (2024)

'Freebies' Debate (2022-26)

Air Pollution, Migrant Crisis, Hate Speech

Connections
Constitutional Powers→Judicial Review
Judicial Review→Judicial Activism
Judicial Activism→Recent Interventions