What is Judicial Review / High Court's Powers?
Historical Background
Key Points
8 points- 1.
Article 13 declares that any law inconsistent with or in derogation of Fundamental Rights shall be void.
- 2.
Article 32 empowers the Supreme Court to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for the enforcement of Fundamental Rights.
- 3.
Article 226 empowers High Courts to issue similar writs, not only for Fundamental Rights but also 'for any other purpose', giving them broader jurisdiction than the Supreme Court in this regard.
- 4.
High Courts can also issue directions and orders to any person, authority, or government within their territorial jurisdiction.
- 5.
Judicial review extends to both legislative acts and executive actions, ensuring adherence to constitutional principles.
- 6.
It acts as a check and balance on the powers of the legislature and executive, upholding the supremacy of the Constitution.
- 7.
The power of judicial review is crucial for protecting Fundamental Rights and ensuring good governance.
- 8.
It is often exercised through Public Interest Litigations (PILs), allowing any public-spirited citizen to approach the court on behalf of others.
Visual Insights
Writ Jurisdiction: Article 32 (Supreme Court) vs. Article 226 (High Court)
This table provides a clear, comparative analysis of the writ jurisdiction of the Supreme Court (Article 32) and High Courts (Article 226), highlighting their similarities and crucial differences, which is a frequently tested concept in UPSC examinations.
| Feature | Article 32 (Supreme Court) | Article 226 (High Court) |
|---|---|---|
| Constitutional Basis | Part III (Fundamental Rights) | Part V (The Union) & Part VI (The States) |
| Scope of Writs | Only for enforcement of Fundamental Rights | For enforcement of Fundamental Rights AND 'for any other purpose' (legal rights, administrative actions) |
| Territorial Jurisdiction | Throughout India | Within its territorial jurisdiction |
| Nature of Power | Original and Exclusive (but not sole) | Original and Concurrent (with SC) |
| Discretion | Cannot refuse to exercise (Fundamental Right itself) | Discretionary (can refuse) |
| Status | Fundamental Right itself | Constitutional Right (but not Fundamental Right) |
Recent Developments
5 developmentsIncreased use of Public Interest Litigations (PILs) by High Courts to address issues of public importance, including environmental protection and public health.
Debates surrounding 'judicial activism' and 'judicial overreach' where the judiciary is perceived to be encroaching upon the domains of the executive or legislature.
High Courts have been proactive in issuing directions to state governments on issues like disaster management, migrant worker welfare, and healthcare access.
The scope of 'any other purpose' under Article 226 continues to be interpreted broadly, allowing High Courts to intervene in a wide range of administrative failures.
Emphasis on expeditious disposal of cases, especially those involving fundamental rights violations.