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Sep 143 min read

WHAT IS JUDICIAL REVIEW?

Nearly All Democratic Nations Place A High Value On The Judiciary, Which Is Seen As One Of The Fundamental Pillars Of Democracy. It Is The Branch Of Government That Carries Out The Legal Administration Of Justice. The Courts That Are Primarily Responsible For Resolving Conflicts And Administering Justice Among Citizens, Between Citizens And States, Between The Center And The State, Or Between States Themselves Are Referred To As The Judiciary.

A Public Body's Decisions, Actions, And Occasionally Inaction Can Be Contested Through Judicial Review If It Has Not Acted Legitimately. It Is A Legal Process That Can Be Brought Before The Administrative Court, A Division Of The High Court, Or The Upper Tribunal, Depending On The Specific Case Type.


Judicial Review: About

  • The Indian Judiciary's Ability To Determine Whether A Statute Or Decision Made By The Legislative, Executive, Or Administrative Branches Of Government Complies With Constitutional Principles Is Known As Judicial Review. The Supreme Court Or High Courts Reserve The Right To Declare It Void If It Is Found To Be Unlawful.

  • Since Both The Us Constitution And Indian Judicial Review Operate Along Similar Lines, It Is Possible To Draw Comparisons Between The Two To Better Comprehend Indian Judicial Review. It Is Not Believed That The Parliament Is The Highest Authority. The Supreme Court May Examine State And Parliamentary Legislation For Constitutional Inconsistencies.


Judicial Review In India: Its Purpose

  • In Order To Confirm The Legitimacy Of The Phrase "Procedure Established By Law." It Determines If The Relevant Law Was Wisely Passed In Accordance With The Constitution's Values.

  • To Act As An Oversight Body, Making Sure That Laws Enacted By The Government's Legislative, Executive, And Administrative Branches Adhere To The Principles Of The Constitution.

  • To Confirm If An Administrative Decision Is Acceptable And Lawful.

  • To Defend The People' Basic Fundamental Rights.

  • To Stop The Abuse And Exploitation Of Authority.

  • To Reconcile Contentious Differences Between Acts And Laws. Courts May Refer To This In The Future For Cases That Are Comparable To This One.


Judicial Review: Problems

  • It Limits The Government's Ability To Function. 

  • Overriding Any Existing Legislation Is A Violation Of The Constitutionally Mandated Limit On The Use Of Authority.

  • In India, Division Of Duties Is Practiced Instead Of Division Of Powers.

  • There Is Lax Observance Of The Concept Of The Separation Of Powers.  Nonetheless, A System Of Checks And Balances Has Been Established So That Any Unconstitutional Legislation Enacted By The Legislature Can Be Overturned By The Courts.

  • Once The Opinions Of The Judges Are Obtained In Any Case, They Become The Standard By Which Cases That Follow Are Decided. 

  • Because Judicial Review Decisions May Be Skewed By Personal Or Self-Serving Interests, The Public As A Whole May Suffer As A Result.

  • People's Trust In The Honesty, Competence, And Effectiveness Of The Government Can Be Eroded By The Courts' Frequent Interventions.


Judicial Review In India: Its Limitations

  • Judicial Review Restricts How The Government Can Operate. It Is Only Acceptable To The Extent That It Determines Whether The Decision Itself Was Made Correctly And The Process Used To Arrive At It.

  • After The Judges' Opinions Are Obtained In Each Case, They Serve As The Benchmark For Deciding Subsequent Cases.

  • Only Higher Courts, Such As The Supreme Court And The High Courts, Are Authorized To Use It.

  • People's Trust In The Honesty, Competence, And Effectiveness Of The Government Can Be Eroded By The Courts' Frequent Interventions.

  • The Judiciary Is Not Allowed To Get Involved In Political Or Policy Issues Unless It Is Absolutely Essential.

  • Judicial Review Can Be Detrimental To The General Public Since It Might Impact Decisions With Personal Or Self-Serving Agendas.

  • Overriding Any Existing Legislation Is A Violation Of The Constitutionally Mandated Limit On The Use Of Authority.


One Of The Most Potent Mechanisms In The Indian Constitution Is The Judicial Review Function. Without A Doubt, This Idea Originated In India, And The Indian Constitution Expressly Supports It.


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