Importance of Judicial review in India Upsc

Judicial Review in Indian Constitution

Meaning

Judicial review is a process of review by the Judiciary for the actions done by the executive or legislature. The court may review invalidate laws acts and government actions that are incompatible.

By Articles 32 (Right to Constitution Remedy) and Article 136 (Special leave to appeal by the supreme court).

Judicial review in India is based on the “Procedure established by the Law“, as given in Article 21 of the Indian Constitution. The law created by the Government needs to pass the test of constitutionality. If such a law made by the government qualifies it can be made a law otherwise the court can declare it null and void.

Judicial Review in Indian Constitution Upsc
Judicial Review in Indian Constitution Upsc By Carptrash at the English Wikipedia, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=1616823

Judicial review Article

Under Article 13, it is the compulsion of judicial review that was described in fundamental rights in Part III. It is stated that the Union of the states shall not make such rules that take away or abridges the essential rights of the people.

Article 13 – Laws inconsistent with or in derogation of the fundamental rights.

What is the procedure of judicial review in India?

Judicial review is governed by “Procedure” established by law by Article 21. Any law has to obey the constitution, if it qualifies it can be made a law. But the court can declare it null and void.

Judicial review in simple terms

Judicial Review in Indian Constitution is the power of the courts of a country to test the actions of the legislative, executive, and administrative bodies of the government and to determine whether such actions obey the rules and law mentioned in the constitution.

The actions judged inconsistent or do not obey the constitution are declared unconstitutional and, therefore, null and void.

Article 136 of the Indian constitution

By Article 136 vests the Supreme Court of India, the top most court in Indian Federation, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.

Power of judicial review in India?

Article 13 – Article 13 provides for the judicial review of all legislation in India. This power has been conferred on the High Court and the Supreme court of India.

The 3 Principles of Judicial Review

The constitution is the ultimate law of India. The Apex Court, the Supreme court of India has complete and ultimate authority in ruling on constitutional matters.

The judiciary can make an action, decision, or law null and void if that conflicts with the constitution.

Is Judicial Review good?

It plays an important role in ensuring the government and its arms such as Legislative, Executive, and Administrative parts recognize the limits of its own power. Also, it protects civil rights and liberties by striking down the actions that violate the constitution.

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* * All the Notes in this blog, are referred from Tamil Nadu State Board Books and Samacheer Kalvi Books. Kindly check with the original Tamil Nadu state board books and Ncert Books.
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