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Judicial Review in India empowers the Judiciary, especially the Supreme Court of India and the High Courts, to examine the actions of the Legislature and Executive branches. Additionally, this power allows the Courts to guarantee that these branches function within the boundaries set by the Indian Constitution. In this blog, you will also understand what Judicial Review means, and the Functions of Judicial Review in India!
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Functions of Judicial Review in India
Moreover, here is a breakdown of how Judicial Review functions in India:
- Power to Review: The Courts can review laws passed by Parliament and State legislatures.
- In addition, if a law is found to be inconsistent with the Indian Constitution, the Court can declare it null and void, hence effectively striking it down.
- For example, the Indian Agriculture Act of 2020 that was struck down by the Supreme Court of India.
- Reviewing Executive Actions: The Judiciary can also review the decisions and actions taken by the Government.
- This includes policies, administrative orders, and actions by government officials.
- Consequently, if these actions are found to be arbitrary, unreasonable, or violate Fundamental Rights, the Courts can declare them invalid.
- Protecting Fundamental Rights: Judicial Review plays an important part in protecting the Fundamental Rights in Part III of the Indian Constitution.
- Moreover, people are free to approach the Courts if they believe their Fundamental Rights have been violated by the Government.
Also Read: 4 Types of Majority in Parliament in India
What does Judicial Review mean?
The idea of Judicial Review is more than the act of simply reviewing laws and actions. Additionally, here is what Judicial Review means:
- Securing Constitutional Supremacy: Judicial Review upholds the Indian Constitution as the Supreme Law of the Land.
- Furthermore, by invalidating laws and actions that violate the Constitution, the Judiciary guarantees that all branches of government operate within the Constitutional framework.
- Maintaining Checks and Balances: Judicial Review is an important part of the system of checks and balances.
- Moreover, it prevents any one branch of government from becoming too powerful and protects against probable misuse of power.
- Promoting the Rule of Law: The existence of Judicial Review strengthens the Rule of Law.
- This principle makes sure that everyone, as well as the Government, are bound to the law, thus promoting fairness and equality.
Also Read: Judicial Activism vs Judicial Review
What are the Methods of Judicial Review?
In India, judicial review of administrative actions occurs through two main methods:
- Statutory Appeals: Specific laws establish appeal processes to higher courts against administrative decisions.
- These appeals function as a review mechanism, particularly relevant in specialised domains like tax, environment, and labour law.
- Writ Jurisdiction: Authorized by the Constitution, High Courts and the Supreme Court of India can issue writs like certiorari, mandamus, prohibition, habeas corpus, and quo warranto.
- Moreover, these writings serve to correct errors and protect Fundamental Rights by administrative bodies.
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Lastly, we hope you liked our blog and gained an understanding of What is Judicial Review in India. Moreover, you may even read more blogs and empower yourself with knowledge regarding Civics and Polity!