Judicial Review

Judicial Review is an important part of the separation of power in the government and administration of a country. The system runs on the control of the judiciary over the legislative and executive authority of a country. The ideas of a democratic government work behind the operation of Judicial Review in India. The difference in the organization of the power structure and the administrative decentralization in the government bodies result in different interpretations of the term concerning different countries. The functioning of the judiciary and its extent of power is determined by the liberties, rules, and regulations prescribed by the Constitution. The jurisdiction of the law comes under two types of laws, the civil law and the common law of a country.

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Judicial review meaning 

Judicial Review is a process of reviewing the activities related to the legislature, administration, and the execution of the decisions and acts enacted and passed. The judicial authority reviews if the tasks carried out align with the constitution of a country. The courts and judges have the ultimate authority to decide if the acts of the executive bodies are legitimate. The court declares the final verdict on whether a statute or legislation or an enactment has violated the constitution. Judicial review meaning is not rigid and it is dynamic to accommodate the interpretations of the law.

What are the different forms of Judicial Review in India?

There are three versions of Judicial Review in India, Judicial Review of the legislature, that of administration, and that of the decisions taken by the judiciary. The first one ensures that there is congruence between the legislative acts and the constitutional rules. The second one exercises constitutional authority over the administrative and bureaucratic types of machinery of the governments. The third one is concerned with any change in the previous judicial decisions.

What are the provisions in the Indian Constitution for supporting the Judicial Review?

There are several articles supporting the Judicial Review. Article 372 (1) is about the pre-constitutional legislative actions. Article 13 decrees that the rules which do not adhere to the basic principles of the Fundamental Rights mentioned in the Indian Constitution will be invalid. Articles 32 and 226 determine the court as the upholder of the Fundamental Rights. Articles 251 and 254 claims that when legislatures of state and central are incongruent, then the second one shall be valid. Article 246 (3) imposes the state authority on the issues related to the list of states. Article 245 puts constitutional authority over the parliamentary and state legislature. Articles 131 to 136 provide rules on the interpretations of the laws and legislature where the relationships between the union, the state, and the citizens are concerned. Article 137 puts forward a provision for Supreme Court’s special authority.

What are the advantages regarding the power of Judicial Review?

The power of the Judicial Review ensures that there is a check on the implementation of the laws and the use of power by the central and state types of machinery to ensure maximum protection of the citizens and their well-being. The laws by the union and the state also may clash with each other and it prevents such conflicts. It also ensures that the government bodies and the administrative functions are running without corruption. It puts the jurisprudence of the law above other aspects of the national system and prevents the possible malfunction of the legislation and executive management.

What are the limitations faced by the power of Judicial Review?

The aspect of Judicial Review is a measure to put checks on the execution of government decisions and the maintenance of the fundamental rights by the law. The people associated with the judicial structure often put a limitation on the checks of executive power. It might be harmful to the people and might also hinder their benefit and progress. Also, it might prioritize the progress of the state over the citizens. The citizens also may feel challenged or deprived by the law and thus may lose their faith in the constitution. It may even disregard the authority of several regulations.

Conclusion

This Judicial Review helps us to understand the mechanism of the laws and how they are applied to realistic situations. The possible conflicts of interest between the state and the central governments, between the state government and the citizens, and between the central government and the citizens might be minimized with this provision. It should be understood better with the knowledge on the jurisprudence of law and the system of legislative and executive authorities in India and their interdependence.