What is Judicial Review and Supreme Court's Role?
Historical Background
Key Points
12 points- 1.
The Supreme Court has the power to declare any law passed by Parliament or State Legislatures as unconstitutional if it violates any provision of the Constitution.
- 2.
The power extends to executive actions as well. If an executive order is found to be violating the Constitution, the Court can strike it down.
- 3.
Article 13 of the Constitution declares that all laws inconsistent with or in derogation of the Fundamental Rights shall be void.
- 4.
Article 32 gives the Supreme Court the power to issue writs (habeas corpus, mandamus, prohibition, certiorari, and quo warranto) for the enforcement of Fundamental Rights.
- 5.
Article 226 gives similar powers to the High Courts.
- 6.
The 'basic structure' doctrine, established in the Kesavananda Bharati case, limits the Parliament's power to amend the Constitution. The Supreme Court can strike down amendments that violate the basic structure.
- 7.
Judicial Review can be exercised in cases involving Centre-State relations, ensuring that neither encroaches upon the other's jurisdiction.
- 8.
The scope of Judicial Review includes reviewing laws on grounds of legislative competence (whether the legislature had the power to make the law), violation of fundamental rights, and repugnancy to constitutional provisions.
- 9.
The Supreme Court's decisions are binding on all courts within India (Article 141).
- 10.
While the Supreme Court has the power of Judicial Review, it generally exercises restraint and avoids interfering with policy decisions unless there is a clear violation of the Constitution.
- 11.
Public Interest Litigation (PIL) has expanded the scope of Judicial Review, allowing the Court to address issues of public concern even when individuals directly affected may not be able to approach the Court.
- 12.
The power of Judicial Review is essential for maintaining federalism, protecting fundamental rights, and ensuring constitutional supremacy.
Visual Insights
Judicial Review: Powers and Limitations
Comparison of key aspects of judicial review, including its powers, limitations, and constitutional basis.
| Aspect | Powers | Limitations |
|---|---|---|
| Scope | Examines laws and executive orders for constitutionality. | Cannot review laws on purely political grounds. |
| Constitutional Basis | Articles 13, 32, 226 | Subject to constitutional amendments. |
| Impact | Protects fundamental rights and maintains constitutional supremacy. | Can be criticized as judicial overreach. |
Recent Developments
10 developmentsIn 2015, the Supreme Court struck down the National Judicial Appointments Commission (NJAC) Act, reaffirming the judiciary's independence in judicial appointments.
The Supreme Court has been increasingly using its power of judicial review to address environmental issues and protect natural resources.
There are ongoing debates about the scope of judicial review, particularly concerning policy matters and economic reforms.
The Supreme Court's intervention in matters of electoral reforms and political funding highlights its role in ensuring free and fair elections.
Recent judgments on privacy and individual liberties demonstrate the Court's commitment to protecting fundamental rights in the digital age.
The Supreme Court is currently hearing cases related to the abrogation of Article 370 and the Citizenship Amendment Act (CAA), which involve significant questions of constitutional law.
The use of curative petitions allows the Supreme Court to review its own judgments in exceptional circumstances, ensuring that justice is not denied.
The increasing number of PILs has led to debates about judicial overreach and the need for judicial restraint.
The Supreme Court's role in interpreting the Constitution continues to evolve with changing social and political realities.
The debate on judicial accountability and transparency is ongoing, with discussions about mechanisms for addressing complaints against judges.
This Concept in News
1 topicsFrequently Asked Questions
121. What is Judicial Review and what is its constitutional basis?
Judicial Review is the power of the Supreme Court and High Courts to examine laws passed by the legislature and executive orders issued by the government. If a law or order violates the Constitution, the Court can declare it unconstitutional and invalid. The constitutional basis lies in Articles 13, 32, and 226, among others, which empower the judiciary to protect fundamental rights and uphold the Constitution.
Exam Tip
Remember Articles 13, 32, and 226 as the primary sources of Judicial Review power. Also, remember that Judicial Review ensures the supremacy of the Constitution.
2. What are the key provisions that enable Judicial Review in India?
The key provisions are: * Article 13: Declares laws inconsistent with Fundamental Rights as void. * Article 32: Empowers the Supreme Court to issue writs for enforcement of Fundamental Rights. * Article 226: Gives similar writ powers to High Courts.
- •Article 13: Declares laws inconsistent with Fundamental Rights as void.
- •Article 32: Empowers the Supreme Court to issue writs for enforcement of Fundamental Rights.
- •Article 226: Gives similar writ powers to High Courts.
Exam Tip
Focus on the specific powers granted by Articles 13, 32, and 226. Understand the scope of each article.
3. How does Judicial Review work in practice?
In practice, Judicial Review involves the Supreme Court or High Courts examining the constitutional validity of laws or executive orders when they are challenged by individuals or organizations. The Court assesses whether the law or order violates any provision of the Constitution, particularly Fundamental Rights. If a violation is found, the Court can declare the law or order unconstitutional, making it unenforceable.
Exam Tip
Understand that Judicial Review is triggered by a challenge to a law or executive order. The court doesn't suo moto review every law.
4. What are the limitations of Judicial Review?
Based on the concept data, the limitations of Judicial Review are not explicitly mentioned. However, it can be inferred that there are ongoing debates about the scope of judicial review, particularly concerning policy matters and economic reforms. This suggests that the judiciary's intervention in these areas is viewed with caution and may be subject to limitations.
Exam Tip
While the concept data doesn't provide specific limitations, remember that Judicial Review is not absolute and is subject to interpretation and debate.
5. What is the significance of Judicial Review in Indian democracy?
Judicial Review is crucial for maintaining the supremacy of the Constitution, protecting fundamental rights, and preserving the balance of power between the legislature, executive, and judiciary. It ensures that the government acts within constitutional limits and prevents abuse of power.
Exam Tip
Highlight the role of Judicial Review in upholding constitutionalism and protecting citizen's rights.
6. What are the challenges in the implementation of Judicial Review?
The concept data does not explicitly mention challenges. However, the ongoing debates about the scope of judicial review, particularly concerning policy matters and economic reforms, suggest potential challenges related to judicial overreach and the balance between judicial intervention and executive/legislative prerogatives.
Exam Tip
Consider the potential for conflicts between the judiciary and other branches of government when answering this question.
7. How does India's Judicial Review compare with other countries?
The concept data mentions that the concept of Judicial Review originated in the United States. However, it does not provide a detailed comparison. Generally, India's system is similar to the US in that the Supreme Court can declare laws unconstitutional, but the specifics of the scope and application may differ.
Exam Tip
Remember the US origin of Judicial Review. When comparing, consider factors like the scope of review and the grounds for invalidation.
8. What are frequently asked aspects of Judicial Review in the UPSC exam?
Frequently asked aspects include the constitutional basis (Articles 13, 32, 226), the scope and limitations of the power, its significance in protecting fundamental rights and upholding the Constitution, and landmark cases like *Kesavananda Bharati v. State of Kerala*.
Exam Tip
Focus on understanding the constitutional provisions, landmark cases, and the overall role of Judicial Review in the Indian polity.
9. What is your opinion on the Supreme Court striking down the NJAC Act in 2015?
The Supreme Court striking down the NJAC Act in 2015 reaffirmed the judiciary's independence in judicial appointments. This decision highlights the importance of judicial review in safeguarding the separation of powers and preventing executive interference in the judiciary's functioning.
Exam Tip
Frame your answer in terms of separation of powers and judicial independence. Acknowledge the different perspectives on this issue.
10. What are the different types or categories of Judicial Review?
The concept data does not explicitly define different types of Judicial Review. However, based on general understanding, it can be categorized based on the subject matter (e.g., legislative actions, executive actions) or the grounds for review (e.g., violation of fundamental rights, violation of constitutional provisions).
Exam Tip
While the concept data doesn't provide specific types, remember to consider the different contexts in which Judicial Review can be applied.
11. How has Judicial Review evolved over time in India?
Judicial Review in India has evolved since 1950. The *Kesavananda Bharati v. State of Kerala* (1973) case was a landmark in defining the basic structure doctrine, which further shaped the scope of Judicial Review. The Supreme Court's role has expanded to address environmental issues and other contemporary challenges.
Exam Tip
Focus on landmark cases and the expansion of Judicial Review to cover new areas like environmental protection.
12. What reforms have been suggested for Judicial Review?
The concept data does not explicitly mention specific reforms. However, the ongoing debates about the scope of judicial review, particularly concerning policy matters and economic reforms, suggest that reforms might focus on clarifying the boundaries of judicial intervention and ensuring a balance between judicial oversight and executive/legislative autonomy.
Exam Tip
Consider the need for balancing judicial power with the powers of other branches of government when discussing potential reforms.