INDIAN JUDICIARY LESSON 4 BY SWETA CHOWDHURY
JUDICIAL REVIEW POWER TO REVIEW LAWS AND DETERMINE THE CONSTITUTIONALITY OF LAWS IS POSSESSED BY BOTHTHE SUPREME COURT ANDTHE HIGH COURTS-final interpreter- Supreme Court POWER TO REVIEW LAWS OF BOTHTHE UNION AND THE STATES- Central and State legislation including the orders, ordinances of the executive, amendments to the Constitution- 9th Schedule is exempted
JUDICIAL REVIEW e CONFINED TO THE REVIEW OF LAWS ALONE- political matters cannot be dealt with by the Courts- involvement of a question of law- weakened by the 1978( context- Emergency)- justice to citizens even with regard to political crimes JUDICIAL REVIEW CANNOT BE INITIATED BY THE SUPREME COURT ITSELF- used only when a case is brought before it- consideration of the validity of a rule or a aw when challenged in the Court in the course of a hearing SPECIAL COURTS BILL,
JUDICIAL REVIEW DECISION OFTHE SUPREME COURT CAN RESULT INTHE TOTAL REJECTION OR PARTIAL REJECTION OF A LAWTHAT IS DECLARED UNCONSTITUTIONAL-in case the part invalidated in of utmost importance then the law as a whole ceases to operate- PROSPECTIVE JUDGEMENT ONTHE BASIS OFTHE PRINCIPLE OF PROCEDURE ESTABLISHED BY LAW- test for determining validity- adherence to prescribed procedure granted by the Indian Constitution CLARITY IN THE CITATION OF CONSTITUTIONAL PROVISIONS THAT nent of the invalidity of th of the law that is declared ultra vires
PUBLIC INTEREST LITIGATION-Art.226 EXCEPTION TO THE RIGID RULES IN TERMS OF AFFIDAVIT locus standi WITH REGARD TO PUBLIC INTEREST LITIGATION IN INDIA PIL violated or in order to enforce some public duty- the litigation must aim at public good- no personal injury or loss case filed by the public on behalf of the victim whose right has been SUPREME COURT- the High Court must issue a writ in order to remedy "arbitrary and perverse" actions by the executive for securing public interest-e.g, filing a writ petition by an advocate for compensating a rape victim whose dignity has been violated by railway employees- extend to the general abolition of crime at railway stations
IMPACT OF THE CONSTITUTION (42ND AMENDMENT) ACT, 1976 Art.323A, Art. 323B- Parliament made an attempt to curtail the power of the Supreme Court(except special leave to appeal) and High Courts under Art.32 over the orders and decisions taken by the Administrative Tribunals- Administrative Tribunal's Act, 1985- later declared unconstitutional by the Supreme Court . Art. 368(4) and (5)-attempt to prevent the Supreme Court from nullifying an Amendment Act on the basis of the doctrine of basic structure- struck down by the Supreme Court on the basis of the limited power of Amendment contained in Art. 368 and judicial revieW
Xaverian and Presidencian possessing B.A. and M.A. in Political Science with a quest for liberating through knowledge. UGC NET qualified.