Basics
- The doctrine of judicial review originated and developed in the USA.
- In India, Article 13 deals with the element of judicial review.
- As per the Supreme Court, judicial review is part of the basic structure doctrine, and it cannot be curtailed.
What is Judicial Review?
- Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
- On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the judiciary.
- Consequently, they cannot be enforced by the Government.
Cases Associated with Judicial Review
- Some landmark cases related to judicial review in India include the Kesavananda Bharati case, the Indira Gandhi v. Raj Narain case, and the Minerva Mills v. Union of India case.
Importance of Judicial Review
- It is essential for maintaining the supremacy of the Constitution.
- It is essential for checking the possible misuse of power by the legislature and executive.
- It protects the fundamental rights of the people.
- It maintains the federal balance.
- It is essential for securing the independence of the judiciary.
- It prevents tyranny of executives.
Constitutional Provisions for Judicial Review
- Article 13 declares that all laws that are inconsistent with or in derogation of the Fundamental Rights shall be null and void.
- Article 32 guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights and empowers the Supreme Court to issue directions or orders or writs for that purpose.
- Article 131 provides for the original jurisdiction of the Supreme Court in centre-state and inter-state disputes.
- Article 132 provides for the appellate jurisdiction of the Supreme Court in constitutional cases.
- Article 133 provides for the appellate jurisdiction of the Supreme Court in civil cases.
- Article 134 provides for the appellate jurisdiction of the Supreme Court in criminal cases.
- Article 134-A deals with the certificate for appeal to the Supreme Court from the High Courts.
- Article 135 empowers the Supreme Court to exercise the jurisdiction and powers of the Federal Court under any preconstitution law.
- Article 136 authorises the Supreme Court to grant special leave to appeal from any court or tribunal (except military tribunal and court martial).
- Article 143 authorises the President to seek the opinion of the Supreme Court on any question of law or fact and on any pre-constitution legal matters.
- Article 226 empowers the High Courts to issue directions or orders or writs for the enforcement of the Fundamental Rights and for any other purpose.
- Article 227 vests in the High Courts the power of superintendence over all courts and tribunals within their respective territorial jurisdictions (except military courts or tribunals).
- Article 245 deals with the territorial extent of laws made by Parliament and by the Legislatures of States.
- Article 246 deals with the subject matter of laws made by Parliament and by the Legislatures of States (i.e., Union List, State List and Concurrent List).
- Articles 251 and 254 provide that in case of a conflict between the central law and state law, the central law prevails over the state law and the state law shall be void.
- Article 372 deals with the continuance in force of the pre constitution laws.