Scope of Judicial Review

In India, It is a procedure in which the judiciary examines executive and legislative actions. Amendments, laws, acts, and legal acts that are unconstitutional may be void by a court with judicial review power. In the Indian case, an executive decision could be invalidated as unlawful, or law could be void as violative of the Indian Constitution. The judiciary supervises legislative and executive branches when they exceed their authority. This is one of the checks and balances in a democratic system. The doctrine differs among jurisdictions; hence the manner and extent of judicial review vary from country to country.

What is Judicial Review?

Judicial Review refers to the judiciary’s power to interpret the Constitution and consider any law or order of the legislature or executive invalid if it believes it violates the Indian Constitution.

Now the next point we are going to cover are the following: 

1. Mechanism of Judicial Review
2. Role of Judicial Review
3. 3. Scope of Judicial Review 
4. History of Scope of Judicial Review in India
5. Scope of Judicial Review of India under article 226

Judicial Review Mechanisms

The following three aspects of judicial review are covered in India:

• For legislative purposes 
• For Judicial action 
• For Administrative review

The Supreme Court of India declared these aspects of judicial review in the case of L. Chandra Kumar v. Union of India[6], noting that judges of higher courts must interpret legislation so that constitutional values are not disrupted. To accomplish this, judges must ensure that the constitutionally mandated balance of power is maintained.

Role of judicial review 

To safeguard the Constitution’s promise of supremacy, judicial scrutiny is required.

• The availability of judicial review prohibits the legislature and government from abusing their powers.
• It promotes federal equilibrium by preserving the balance between the center and the states.
• The provision safeguards citizens’ fundamental rights.
• This provision protects the idea of judicial independence.

Scope of Judicial Review : 

• When the executive, judiciary, and legislature violate constitutional values and deny rights, judicial review serves as a powerful safeguard. In the country, judicial evaluation is regarded as a necessary characteristic. 
• There is a parliamentary form of democracy in India, in which all sections of the population participate in the decision-making and policy-making process. 
• True, the Court’s principal responsibility is to apply the rule of law, which is the foundation of social equality. The rule of law, which is to be applied by the courts, cannot be changed by Parliament exercising additional powers. 
• Everyone here who is performing a public function is held accountable. They must act within the bounds of the Indian Constitution’s democratic requirements. 
• It is a notion that embodies the separation of powers and the rule of law. Articles 226 and 227 of the Indian Constitution and Articles 32 and 136 of the Indian Constitution have had a long-standing influence on judicial assessment. [5]

History of Scope of Judicial Review in India

 The issue of Judicial Review of India was first examined before King v. Burah1. The High Court of Kolkata and the Council of Privy agreed that the courts of India had Judicial Review power subject to specific constraints. The Supreme Court and the various High Courts of India have been given the power to rule on the constitutionality of legislative and administrative actions designed to protect and enforce the fundamental rights guaranteed in Part III of the Constitution. 

According to article 246 of the Constitution, read with the 7th schedule, the Union Parliament and the State Legislatures have clear distinctions and a zone of intersection, so the higher courts have the power to decide on questions of legislative competence, especially as they relate to Center-State relations.”

Judicial Review of India under the article 226: 

Article 226 of the Indian Constitution gives the High Court’s the ability to make orders, instructions, and writs differently. According to Article 226(1), any High Court within India’s territorial jurisdiction has the authority to issue directives, orders, and writs to any person or authority, including the government, to implement basic rights and other legal rights within its jurisdiction.

In circumstances when the cause of action is completely or partially within their local jurisdiction, Article 226(2) gives the High Court’s the competence to issue orders, instructions, and writs outside their local jurisdiction.

When a provisional order is issued in opposition to the respondent under Article 226 in the form of a stay without:

• Giving the respondent a copy of the petition and any supporting documents;
• Allowing people to express themselves.

The High Court will decide on the application in two weeks after getting such application; otherwise, within two weeks of the date on which the second party has received the application, whichever is later if the respondent moves to the High Court to cancel the interim order and provides a copy of such petition to the petitioner.

Conclusion: 

We can conclude that Judicial review refers to the ability of an independent judiciary, or courts of law, to decide whether the actions of other government components are constitutional. Any action that violates the Constitution is deemed unconstitutional and so void. The Supreme Court’s most well-known power, judicial review, or the Court’s capacity to declare a legislative or executive action in violation of the Constitution, is not found in the Constitution’s language. Therefore, the power given on the High Court under Article 226(4) is not in derogation of the jurisdiction conferred on the Supreme Courts under Article 226.