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Judicial Review
What is Judicial Review?
Judicial review is the power held by the Indian Judiciary to ascertain whether a law or decision passed by the Legislative/Executive/Administrative arms of the government adheres to the constitutional principles or not. If proved unconstitutional, the Supreme Court or High Courts reserve the right to declare it as null and void.
To understand what is judicial review in India, one can even compare it to the US Constitution’s judicial review, as both are based on similar lines. The Parliament is not held as the supreme authority. Both parliamentary and state legislative laws can be reviewed by the Supreme Court for any constitutional discrepancies.
Purpose of Judicial Review in India
In India, the Supreme Court and High Courts are authorised to exercise the power of judicial review. The objectives are enlisted below:
- To verify the credibility of the expression “Procedure Established by Law”. It checks whether the law concerned has been judiciously enacted according to the ethos of the Constitution.
- To serve as a supervisory entity ensuring that the laws passed by the legislative, executive and administrative organs of the government comply with constitutional ideals.
- To validate the lawfulness and appropriateness of an administrative decision.
- To protect the basic Fundamental Rights of the citizens.
- To prevent misuse and exploitation of power.
- To resolve controversial discrepancies in laws and acts. This can be used by courts as a reference for similar cases in the future.
Categories of Judicial Review
The Indian Judiciary can exercise its power of judicial review under the following categories:
Reviewing Legislative Actions:
The judicial review in India has the power to examine whether the laws or decisions passed by the Legislature comply with constitutional provisions.
Reviewing Administrative Actions:
Under the provision of judicial review, the courts have the power to ensure the legality of any administrative decisions passed by the authorities. It examines the rationality and legitimacy of the administrative actions.
Reviewing Judicial Actions:
The judicial review has the authority to make amends or improve any inconsistencies in previous judgements by the courts. This ensures minimum chances of such conflicts arising in the future.
Reviewing Constitutional Amendments:
Judicial review holds the power to declare any unconstitutional amendment as null and void.
Constitutional Provisions related to Judicial Review in India
Although there is no direct mention of judicial review in the Indian Constitution, there are a number of articles that support its principles. The following table gives a list of the constitutional articles that reinforce judicial review as an integral part of the Constitution.
S. No. | Article | What it states |
1. | Article 13 | Any law that violates Fundamental Rights and goes against the constitutional code, can be challenged by the Supreme Court. |
2. | Article 32 | It allows the citizens to move to the Supreme Court if their Fundamental Rights have been disregarded. |
3. | Articles 131-137 | The Supreme court shall have the power to review any judgement passed by the Parliament or by the states. |
4. | Article 143 | The President has the power to seek the intervention of the Supreme Court. |
5. | Articles 226 & 227 | It authorises the High Courts with the power of judicial review in relevant cases. |
6. | Articles 245 and 246 | It empowers the courts to examine or challenge the constitutional soundness of laws made by the Parliament and Legislature. |
7. | Articles 251 & 254 | In case of contradictions between state and union laws, the union laws would be upheld. |
8. | Article 372 (1) | It extends the provisions of judicial review to pre-constitutional laws. |
Significance of Judicial Review
- It enables the Judiciary to act as the custodian of the Constitution by defending its principles.
- It prevents the abuse of power by the Legislative, Executive and Administrative wings of the government.
- It safeguards the Fundamental Rights of the citizens.
- It serves as a redressal mechanism for any grievances related to unfairness of a decision by law.
- It ensures the sustenance of a “living constitution” – one that can be periodically amended for the better.
Instances of Judicial Review in India
There have been some landmark cases in India that helped us understand what is judicial review and why it is important. Here are few examples:
- Golaknath vs State of Punjab:
The Supreme Court ruled that the Parliament does not have the power to amend Fundamental Rights.
- Kesavananda Bharati vs State of Kerala:
The Supreme Court ordained that the Parliament may amend a clause of the Constitution as long as it doesn’t violate its basic structure.
- Minerva Mills vs Union of India:
The Supreme Court asserted that the Parliament cannot have absolute and unlimited power to amend the doctrines of the Constitution.
- Waman Rao vs Union of India:
The Supreme Court questioned the constitutional validity of Articles 31A, 31B and 31C (related to acquisition of property). This led to amendment of these laws to avoid future disparities.
Drawbacks of Judicial Review in India
- It may cause delay in the implementation of policies.
- Judicial review only aims to make the authorities reconsider their decision. It does not guarantee cancellation of that decision.
- Citizens’ faith in the competence and efficiency of the government is weakened.
- Its time-consuming nature makes the entire process cumbersome.
Conclusion
The system of judicial review serves as the conscience keeper of our Constitution. It keeps the faith in the Judiciary alive. It reiterates the fact that even the government’s actions are not absolute and may be subjected to review. As the Chief Justice of India, N.V. Ramana, has rightly stated, “If the judiciary does not have the power of judicial review, then the functioning of democracy in this country would be unthinkable”.
