Court and Judicial Review
- It’s the process by which the Supreme Court and High Courts examine the actions of the legislature (lawmakers) and executive (government) to ensure they comply with the Constitution.
- Judicial Review refers to a court’s evaluation of an executive or legislative act, such as a statute or administrative judgment, to determine if it violates the Constitution.
- In certain nations, such as the United States, France, and Canada, judicial review permits courts to reject laws or executive acts that violate the Constitution.
- In the United Kingdom, judicial review powers are limited; courts do not have the jurisdiction to overturn or invalidate parliamentary legislation. Similarly, there may be other nations where courts have different kinds of limits and can review only one branch.
Courts and Judicial Review
The Constitution of India establishes the basis for the Indian judicial system. India’s federal structure divides legislative authority between the Centre and States. Judicial Review is a cornerstone of Indian democracy, empowering the courts to act as guardians of the Constitution. Judicial Review safeguards the fundamental rights enshrined in the Constitution, like freedom of speech and equality. If a law restricts these rights unreasonably, the courts can strike it down.
Key Takeaways:
- The Constitution doesn’t explicitly mention “judicial review,” but it’s implied through various articles like Article 13, Article 32, and Articles 136, 142, and 226.
- Judicial Review is not about judging the wisdom of a law but its constitutionality.
- It prevents any one branch of government (legislature, executive, or judiciary) from becoming too powerful. By checking the others, judicial review upholds a balance.
Table of Content
- Court and Judicial Review
- What is a Judicial Review?
- Separation of Powers
- Conclusion
- Courts and Judicial Review – FAQs