Judicial Review: Role of Courts in Upholding Constitutional Values

In the intricate web of governance, the judiciary serves as the custodian of constitutional values, ensuring the supremacy of the Constitution and upholding the rule of law. Judicial review, a cornerstone of democracy, empowers the courts to examine the constitutionality of laws and executive actions, thereby safeguarding individual rights and liberties. Let’s explore the role of courts in judicial review and their crucial function in upholding constitutional values in India.

Understanding Judicial Review

 

What is Judicial Review?

Judicial review is the power of the judiciary to review the actions of the legislative and executive branches of government and determine their constitutionality. It enables courts to strike down laws and government actions that are inconsistent with the Constitution.

 

Key Features of Judicial Review

  • Constitutional Supremacy: Judicial review ensures that the Constitution is the supreme law of the land, and all laws and government actions must conform to its provisions.
  • Checks and Balances: Judicial review serves as a crucial check on the powers of the legislative and executive branches, preventing them from overstepping their constitutional boundaries.
  • Protection of Rights: Judicial review safeguards fundamental rights and liberties by nullifying laws or actions that infringe upon them, thus promoting the rule of law and individual freedoms.

Role of Courts in Judicial Review

  1. Interpreting the Constitution
  • Courts play a vital role in interpreting the Constitution and determining its applicability to specific cases and controversies. Through judicial interpretation, courts elucidate the meaning and scope of constitutional provisions, ensuring their effective implementation.
  1. Reviewing Legislative Acts
  • Courts scrutinize laws passed by the legislature to ensure their conformity with constitutional principles and values. If a law is found to be unconstitutional, the court may declare it void or strike down specific provisions deemed unconstitutional.
  1. Examining Executive Actions
  • Courts review executive actions, including decisions and orders issued by government officials, to ascertain their legality and constitutionality. If an executive action violates constitutional norms, the court may issue writs or orders to remedy the violation.
  1. Protecting Fundamental Rights
  • Judicial review serves as a bulwark for protecting fundamental rights enshrined in the Constitution. Courts intervene to safeguard individual liberties and ensure that laws and government actions respect and uphold constitutional rights.
  1. Upholding Constitutional Values
  • By exercising judicial review, courts uphold constitutional values such as democracy, equality, justice, and the rule of law. They act as guardians of the Constitution, ensuring that the government functions within the limits set by the Constitution.

Conclusion

In conclusion, judicial review is a vital mechanism through which the judiciary ensures the supremacy of the Constitution and upholds constitutional values in India. By reviewing legislative acts and executive actions, interpreting the Constitution, and protecting fundamental rights, courts play a pivotal role in safeguarding democracy, justice, and the rule of law.

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FAQs

What is the origin of judicial review in India?

The concept of judicial review was adopted from the United States’ legal system and incorporated into the Indian Constitution as a fundamental feature to ensure the supremacy of the Constitution and protect individual rights.

Can the Parliament override a judicial decision through constitutional amendments?

Yes, the Parliament has the power to amend the Constitution, including altering provisions interpreted by the judiciary. However, any such amendment must not violate the basic structure of the Constitution as determined by the judiciary.

Are all laws subject to judicial review in India?

Yes, all laws, including constitutional amendments and parliamentary enactments, are subject to judicial review in India to ensure their conformity with constitutional provisions and principles.

What is the significance of the Kesavananda Bharati case in relation to judicial review?

The Kesavananda Bharati case (1973) established the doctrine of the basic structure of the Constitution, which limits the amending power of the Parliament and safeguards core constitutional principles from legislative encroachment.

How does judicial review contribute to the protection of individual rights in India?

Judicial review allows courts to strike down laws and government actions that infringe upon individual rights and liberties guaranteed by the Constitution, thereby protecting individuals from arbitrary state action and ensuring the rule of law.

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