Individual and Group Rights
- Judicial review is the shielding of the basic rights of people and groups that are in the Constitution, for example, freedom of speech, equality and the right to live and be yourself.
- The courts interfere by prohibiting the state from violating the rights of individuals. This makes them, therefore, the guarantors of the same. The interpretation of the new laws and, more so, the execution of the same are, therefore, done with the bill or the rights to the individual persons in mind.
- Trade cases such as the Maneka Gandhi v. Union of India have expanded the scope of individual rights, putting forward the necessity of the rights that give more power to the people in a democratic government.
- By way of judicial activism, courts empowered the interpretation of the rights in wider manner, and issues like privacy and environmental protection became in turn issues to be resolved.
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