Scope of Judicial Review in India- FAQ’s
Which type of cases can be subjected to the Judiciary Review in India?
Indian judicial review stands for a spectrum of cases, encompassing the individual rights cases (such as the right to free speech and equal opportunity), state-and-the-centre government disputes, fairness in the executive actions, and amendments which could affect the fundamental structures of the Constitution.
Is the judiciary able to abolish legislations passed by the Parliament via judicial review?
Yes, the Indian judiciary is vested with powers of judicial review by which the laws passed by the Parliament can get invalidated if they are found to be unconstitutional. It is this authority, derived from the Constitution, upon which the branches of government are hinged in maintaining the proper balance of powers between them.
What is the part of judicial review in the functioning of federalism in India?
Judicial review is a key element ensuring the federal structure of governance in India by solving the disputes between the central and state government authorities, respecting the principles of the constitution, and preventing the dominance of power by one side. It supports cooperative federalism and preserves the states’ autonomy.
How is the judicially- review affect the mechanism of federalism in India?
The function of judicial review is vital in keeping the Indian governance structure to federal model by resolving disputes over the central and state governments’ right to check compliance to constitutional principles and abate encroachment of powers. It encourages a cooperative federal system and leaves states with their own powers to heighten independence.
What is the significance of the “basic structure” doctrine in judicial review?
The “basic structure” doctrine, established by the Supreme Court in the Kesavananda Bharati case, holds that certain fundamental features of the Constitution are beyond the amending power of the Parliament. This doctrine ensures that the core principles of democracy, federalism, secularism, and the rule of law remain inviolable, safeguarding the integrity of the Constitution against arbitrary changes.
Reference:
- Legal Studies, Class XII- NCERT
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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