Daily Answer Writing Challenge-8th September

Q1. With reference to the Indian Judiciary, highlight the Constitutional provisions of Judicial Review  and its importance in a democracy. (150 Words, 10 Marks) 

Decoding the Question: 

• Introduction: Give an overall perspective on Judicial Review.  
• Body: 

• • Mention the Constitutional provisions of the Judicial Review. 
  • Highlight the importance of Judicial Review in a democracy. 
• Conclusion: Conclude suitably.  

Answer: 

In the USA, the judicial Review doctrine was established. John Marshall, the then-Chief Justice of  the American Supreme Court, introduced it for the first time in the well-known case of Marbury  versus Madison (1803). In India, however, the judiciary (including the Supreme Court and High  Courts) is given the authority of Judicial Review by the Constitution itself. In addition, the Supreme  Court ruled that the right to Judicial Review is a fundamental aspect of the Constitution or a  component of its Basic Structure.  

Constitutional Provisions of Judicial Review in Various Aspects: 

• According to Article 13, all laws that are in conflict with or deviating from the Fundamental  Rights are void. 
• The right to petition in the Supreme Court for the enforcement of Fundamental Rights is  guaranteed under Article 32, and the Supreme Court is given authority to do so by issuing  directives, orders, or writs.  

• The Supreme Court has original jurisdiction over disputes involving the centre-state and other  states, according to Article 131. 
• In Constitutional matters, Article 132 establishes the Supreme Court’s Appellate Jurisdiction. 

• • The Supreme Court has Appellate Jurisdiction in civil proceedings, according to Article 133.
• Article 135 empowers the Supreme Court to exercise the jurisdiction and powers of the Federal  Court under any pre-Constitution law. 
• The High Courts are given the authority to issue directives, orders, or writs under Article 226  for the enforcement of the Fundamental Rights as well as for any other reason.
• The High Courts have the authority to supervise all the Lower Courts and Tribunals within their  separate territorial jurisdictions (apart from Military Courts or Tribunals), according to Article  227. 

Importance of Judicial Review: 

• To uphold the Constitution’s supremacy as a fundamental principle. 
• To preserve federal balance. 
• To safeguard citizens’ Fundamental Rights. 
• In India, the Constitution is the highest law, and any statute law must comply with its provisions  in order to be legal.   
  • It is the judiciary that determines whether any enactment is Constitutional or not.
• Our Constitution explicitly calls for a judicial examination of legislation to see if it complies with the law.  

• • Particularly in regard to the Fundamental Rights, in which the position of watchful guardian  has been given to the court. 
• Since the Court is the final authority of how the Constitution should be interpreted, it is up to  the Courts to decide what authority each branch of government has been given, whether those  powers are restricted, if so, what those restrictions are, and whether any action taken by that  branch violates those restrictions. 

Judicial involvement in the making and carrying out of administrative decisions has grown along  with the expanding functions of the modern state. The judiciary is responsible for filling in the gaps  left by laws and ensuring that they are properly implemented. The legislature’s role and obligation  are to make laws. So, interpretations are the only task left for the judiciary. Constitutional principles  can only be upheld by a delicate balance between various governmental entities.