Publish by: Vaishnavi Varshney

College: Asian Law College, Noida-125.

Introduction

In this piece of writing, we’ll be talking about judicial review, a crucial tool to recognized violations of the constitution and assuring compliance effectively with checks and balances. This tool was first put forward in the Marbury v. Madison case in 1803 and has since been used not only in India but also in many other nations, including the United States.

What is judicial review:

There is no other legislation in the land that is superior to the Constitution of India, which is one of the fundamental ideas ingrained in our constitution itself. The three heads of government established by the framers of the Indian Constitution are logically separated into three distinct roles that can be broadly
categorised as follows:

The legislative branch, or body that makes laws The executive, or body responsible for enforcing rules. The body tasked with interpreting rules is the judiciary.

The Constitution’s functions are separate from one another to prevent the consolidation of power in a single hand. Judicial Review is a tool for safeguarding the constitution against those who would like to overturn it for their own advantage. In plainer terms, judicial review aids in the overthrowing of any regulations, executive orders, or administrative actions that, in the opinion of the court system, violate the constitution. That includes any administrative bodies as well.

Feature of judicial review:

The Supreme Court and High Courts have judicial review authority. The supreme court has the power to modify or annul the high court’s review. Supreme Court has endure say in every issue.

All state and federal regulations, including constitutional law amendments, are open to judicial review. Suo moto cognizance, or taking cognizance on one’s own initiative, is not a power that the courts possess. Directly questioning it or doing because of a hearing are the only options. If a court decides after judicial
review that a statute is unconstitutional and declares it such, it can either strike down the entire law or merely remove the unlawful power if the remaining portion still carries the weight of the legislature’s intent. (Refer to the Doctrine of Severability).

The decisions made under judicial review are valid as of the date they are made. The Indian Constitution includes the concept of judicial review as a fundamental principle. R. Coelho v. State of Tamil Nadu
One restriction, though, is that nothing specified in the Constitution’s 9th schedule is subject to judicial scrutiny. There are currently 284 such central and state laws that are not subject to judicial review, according to the ninth schedule of the Indian Constitution.

Why is the 9th schedule excluded from Judicial review?

The ninth schedule to the Constitution of India contains as many as 284 laws from the center and state that are out of purview of the Judicial Review. Acts and Regulations that have been authorized Without limiting the generality of the provisions in Article 31A, none of the Acts and Regulations listed in the Ninth Schedule, nor any of their provisions, shall be deemed to be void, or ever to have become void, on the explanation that such Act, Regulation, or provision is inconsistent with, or removes or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding the decision, decree, or order of any court or tribunal to the contrary.

Importance of judicial review:

In many nations, specifically those with a system of constitutional governance and a separation of powers, judicial review is a vital component of the legal and political system. It alludes to a court’s authority to examine laws, orders, and other acts of the executive and legislative branches of government to ascertain
their constitutionality and legality. Legal review is significant for the following reasons:

1.Judicial review serves as an essential check on the authority of the other branches of government (legislative and executive), according to the concept of checks and balances. It makes sure that they don’t go beyond what is allowed by the constitution and violate anyone’s rights or other fundamental principles. In
order to preserve the balance of power and prevent the accumulation of authority in one branch, it is necessary to permit the court to review and reject laws or actions that are determined to be unconstitutional.

2.Protection of Constitutional Rights: Constitutions are created to safeguard the rights and freedoms of citizens. Laws and government activities must adhere to these basic values, and judicial review ensures this. It offers a way to overturn regulations that might infringe on minority rights, individual rights, or any other
constitutionally protected clauses.

3.The rule of law must be upheld, and judicial review is crucial to this. It establishes a definite framework within which laws and government acts must function. It is once again confirmed that no one, not even the government, is above the law when the judiciary examines and strikes down unconstitutional laws or actions.

4.Conflict Resolution: Through judicial review, the courts can settle disagreements between various branches of the government or between the government and the public. It provides a method for amicably and legally
resolving legal disputes.

5.Enhanced Democracy: Judicial review improves democracy by giving citizens a way to hold the government accountable and guarantee that the constitution is followed. It supports the notion that policies adopted by the government must reflect the wishes of the people as reflected in the constitution.

Overall, judicial review is significant because it serves as a protector of individual rights, a check on the other branches of government in exercising their authority, and a guardian of the constitution—all of which are essential to a society that is just and fair and based on the rule of law.