Fairness in Executive Actions
- In the judiciary, the standard of executive actions is gauged to ascertain that they are according to the principles of natural justice such as the fair hearing and the impartiality in taking decisions.
- They guard against encroachments upon the scope of power by invalidating unexamined, unreasonable, and unconstitutional decisions made by the executive.
- Under judicial supervision, the higher branch of the administration is held responsible for openness of the statements made and whether it is being made in the public interest.
- The decision given in the case, A. K. Gopalan v. State of Madras, is known as a landmark one, and it laid the grounds for the role of judiciary in limiting the executive in its abuse against the civil freedoms of the people. Thus it, at the same time, became the legal precedent for fairness in administrative actions.
Scope of Judicial Review in India
In India, the doctrine of judicial review is the shield that protects against possible abuses of power and thus the Constitution is maintained to be the supreme law. The basis of constitutional governance, which enables the judiciary to review the legislative and executive actions and to check their conformity to the principles of the Constitution, is the main cornerstone. Judicial review is fundamental in protecting individual and collective rights, preserving the fine balance between the central and state governments, and securing the basic structure of the Constitution. The meaning of it is in creating a system where no part of the state operates past the limits set by the Constitution, thus a vibrant and strong democracy ensures.
Key Takeaways
- A judicial audit provides a broader view of the constitutional acceptability of legislative actions as well as the executive.
- The judiciary acts as a fortress of cherished law, enforcing on an ongoing basis that the rights of individuals are protected and denies the state to act beyond the limit of the constitution by checking the state actions and discouraging the violation of the constitutional rights by the individual.
- From this, arising is the start of the balancing of powers between the central and state governments, as a stepping stone to prevent constitutional checks and balance systems that would abuse authority and power.
- Judicial review is not only a technique to correct a single situation but also a weapon for dealing with bigger problems like the fairness of the executive actions and the basic principle of the Constitution explained in cases like Kesavananda Bharati.
- Rule of law maintenance by means of judicial review implies a high level of its influence, providing the liability of the officials, and the kind of democracy to model which is used by the state governance system.
Table of Content
- Scope of Judicial Review in India
- 1. Individual and Group Rights
- 2. Centre-State Relations
- 3. Fairness in Executive Actions
- 4. Basic Structure
- Conclusion
- Scope of Judicial Review in India- FAQ’s