Courts and Judicial Review
What are some reasons for judicial review?
- Protect Fundamental Rights
- Ensure due process.
- Prevent Misuse of Power
How does someone challenge a law through judicial review?
Individuals or groups that think that legislation or government action infringes on their basic rights may file a petition with the High Court or the Supreme Court.
What happens during a judicial review process?
The courts will weigh both parties’ arguments and investigate the law or action in issue. They will apply appropriate legal concepts to decide if it violates the Constitution.
What happens if the Court declares something unconstitutional?
If the Court determines that the law or action breaches the Constitution, it may declare it “void” or “ultra vires” (beyond legal authority). This indicates that the law or action is no longer legally enforceable.
Can courts rewrite laws during judicial review?
No. The court’s function is to overturn unlawful provisions, not to rewrite the entire legislation. The legislature may then be required to change the legislation to ensure compliance with the Constitution.
Is judicial review about judging the quality of a law?
No. Courts do not determine whether a statute is a good or terrible policy choice. They only consider it if it violates the Constitution.
Are there any limitations to judicial review?
- Jurisdiction: Judicial Review is limited to the High Courts and the Supreme Court.
- Time Constraints: There are time constraints for submitting a petition for judicial review.
- Alternative Remedies: If another legal remedy exists, the court may reject a judicial review petition.
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