Judicial Review under Indian Constitution - Drishti Judiciary

Introduction

• India has three government organs: Legislature, Executive, Judiciary.
  • Legislature: Responsible for instituting laws.
  • Executive: Administers the laws.
  • Judiciary: Checks the credibility of laws through judicial review.
• Judicial Review: Authority of judiciary to review legislative, executive, and administrative actions for adherence to the Constitution.

What is Judicial Review?

• Judicial review involves a court checking the lawfulness of decisions by public bodies.
• Challenges the decision-making process rather than the decision's outcome.
• Functions:
  • Legitimizes government action.
  • Protects the Constitution from undue government encroachments.
• Also known as interpretational and observer roles of the judiciary.

Types of Judicial Review

• Review of Legislative Actions: Ensures laws are in accordance with the Constitution.
• Review of Administrative Actions: Enforces constitutional discipline over administrative agencies.
• Review of Judicial Decisions: Changes or corrects previous judicial decisions.

Scope of Judicial Review

• Constitutional validity of laws or orders can be challenged in the Supreme Court or High Court.
  • Violations of Fundamental Rights.
  • Actions outside the authority’s competence.
  • Repugnancy to constitutional provisions.

Limitations of Judicial Review

• Limits government functionality.
• Can override existing laws.
• Does not strictly adhere to separation of powers.
• Judicial opinions set precedents for future cases.
• Potential for judgments influenced by personal motives.
• Frequent interventions may reduce public faith in government integrity.

Constitutional Provisions for Judicial Review

• No direct provisions empower courts to invalidate laws, but several articles support judicial review:
  • Article 372 (1): Judicial review of pre-constitution legislation.
  • Article 13: Laws contravening Fundamental Rights are void.
  • Articles 32 and 226: Supreme and High Courts as protectors of fundamental rights.
  • Articles 251 and 254: Void state laws inconsistent with union laws.
  • Article 246 (3): State legislatures’ exclusive powers over the State List.
  • Article 245: Legislative powers are subject to constitutional provisions.
  • Articles 131-136: Supreme Court’s power over constitutional disputes.
  • Article 137: Supreme Court’s power to review its judgments.

Landmark Judgements Based on Judicial Review

• Golaknath v. State of Punjab (1967): Parliament cannot amend Fundamental Rights.
• Keshwanand Bharti v. Union of India (1973): Judicial review extends to basic structure violations.
• Indira Gandhi v. Rak Narain (1975): Judicial review is part of the basic structure.
• Vishaka vs. State of Rajasthan (1997): Workplace harassment violates basic rights; court provided guidelines.

Conclusion

• Judicial review ensures checks and balances across government functions.
• Originated from the U.S. Constitution.
• Prevents judicial arbitrariness through checks on judicial decisions.

For further information, refer to the full article on the Drishti Judiciary website.