Judicial Review in India

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Introduction to Judicial Review in India

Judicial review is an essential feature of the Indian legal system as it allows the judiciary to scrutinize the actions of the three main organs of government namely Legislative, Executive, and Judiciary. It helps keep the balance between all three organs of the government by determining whether their actions are consistent with the Indian Constitution. Judicial reviews question the process of decision-making, not the correctness of the final decision. According to the Merriam-Webster dictionary, the term ‘judicial review’ is defined as “a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional.” In simple words, it is a court proceeding where a judge has the power to review the lawfulness of a decision. The Judiciary, being independent, guarantees that the legislation passed by the parliament does not violate any provision of the Constitution. If the same violates any of the provisions then the judiciary has the power to declare it unconstitutional and therefore null and void. In India, the power of judicial review is vested in the Supreme Court, the highest court in the country. 

Historical Evolution

The concept of judicial review in India has been adopted from the United States Constitution which is one of the Sources of the Indian Constitution. To appropriately fix this feature fit in our constitution, the judiciary has played a significant role. Through judicial review, the top Court has played an important role in shaping India's legal and political landscape as it contributes to interpreting the Constitution and safeguarding the rights of citizens. The Supreme Court of India established the power of judicial review for the first time in the landmark case of Shankari Prasad followed by the Sajjan Singh case, Golaknath case, Kesavananda Bharti case, and many more. In this article, we will explore the scope of judicial review in India, its constitutional provisions, and landmark judgments. 

Key Features and Scope of Judicial Review

In India, the scope of judicial review is quite broad and encompasses various aspects of constitutional law and governance. It is important to maintain the supremacy of the Constitution and examine if there is a chance of misuse of power by the executive and legislature. Judicial review also plays a crucial role in protecting the fundamental rights of the citizens guaranteed by the Indian Constitution. The courts can strike down any law that violates any provision of the Constitution via the power of judicial review. Moreover, the courts can issue writs such as Writ of Habeas Corpus, Writ of Mandamus, Writ of Quo Warranto, Writ of Certiorari, and Writ of Prohibition to correct illegal or invalid acts proposed by the government. 

The Judicial review is divided into three types which are listed as follows: 

Judicial Review of Legislative Actions

It is the power of the judiciary to assess and review the constitutional validity of laws passed by the legislature and ensure that the law is consistent with the provisions of the Constitution. The court can declare a law invalid or void if the same is found to be unconstitutional. 

Judicial Review of Administrative Actions

It is a tool to achieve constitutional discipline over government agencies or officials while exercising their powers. The decisions, actions, or regulations made by the administrative agencies are examined by the courts to determine whether they comply with the principles of natural justice. 

Judicial Review of Judicial Decisions

The judiciary has the power to rectify or revamp its previous decisions to ensure the fairness, consistency, and correctness of judicial decisions. It allows the higher courts to examine whether a lower court’s decision is valid or in accordance with the legal precedents. 

Judicial Review: Constitutional Provisions

The Constitutional provisions for judicial review are not specifically or directly mentioned under the Indian Constitution but certain provisions support the process of judicial review which are mentioned as follows:

• Article 13: It illustrates that laws inconsistent with or in derogation of fundamental rights are void.
• Article 32: Provides the right to move to the Supreme Court and allows the top court to issue directions, orders, or writs for the enforcement of fundamental rights.
• Article 131: Original jurisdiction of the top court in matters related to disputes between centre- and inter-state.
• Article 132: It provides “Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases”.
• Articles 133 and 134: It provide Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters and criminal matters respectively.
• Article 134-A: Deals with ‘Certificat for appeal to the Supreme Court’.
• Article 135: ‘Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court’.
• Article 136: Empowers the Supreme Court to confer special leave to appeal from “any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.” Except for military tribunals and court martials. 
• Article 143: Deals with the ‘power of President to consult Supreme Court’ on any question of law and pre-constitutional legal matters.
• Article 226: Empowers high courts to conduct judicial reviews.
• Article 227: It deals with the ‘Power of superintendence over all courts by the High Court’.
• Article 245: Deals with ‘Extent of laws made by Parliament and by the Legislatures of States’.
• Article 246: Illustrates the subject matter of laws made by Parliament and by the Legislatures of States.
• Articles 251 and 254: In the case of a tussle between federal and state laws, these articles deduce the hegemony of the federal laws. 
• Article 372: Deals with ‘Continuance in force of existing laws and their adaptation’.

Related Case Laws

• Sajjan Singh vs. State of Rajasthan (October 30, 1964) 
• Kesavananda Bharati Sripadagalvaru and Ors. vs. State of Kerala and Anr.(April 24, 1973)
• Indira Nehru Gandhi vs. Raj Narain (November 7, 1975)
• MINERVA MILLS LTD. & ORS. vs. UNION OF INDIA & ORS.(July, 31, 1980)
• Vishaka vs. State of Rajasthan (August 13, 1997)

Conclusion

The judiciary exercises the power of judicial review with restraint and respects the principle of separation of powers. Overall, the concept of judicial review in the Indian legal system plays a crucial role in protecting the rights of citizens. To conclude, the power of Judicial review keeps the arbitrariness of the legislature in check.