1. Judicial Review
1.1. Historical Background
1.2. Classification of Judicial Review
1.3. Scope of Judicial Review
1.4. Significance of Judicial Review
1.5. Constitutional Provisions for Judicial Review
1.6. Cases Related to Judicial Review in India
1.7. Guidelines in Judicial Review
1.8. Limitations of Judicial Review
2. Judicial Activism
2.1. What is Judicial Activism?
2.2. Etymology
2.3. Definitions
2.4. Judicial Activism Methods
2.5. Significance of Judicial Activism
2.6. Evolution of Judicial Activism in India
2.7. Pros & Cons of Judicial Activism
2.8. Conclusion
3. Judicial Reform
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Topic – Judicial Review and Activism (Notes)
Subject – Political Science
(Constitution of India)
Table of Contents
Judicial Review
Judicial Review is the power of the Supreme Court or High Court to examine the constitutionality of the laws passed by the legislature and executive orders of both the Central and State governments. If they found inconsistent with the Constitution then declared as null and void. The power of Judicial Review flows from various articles of the Constitution like articles 13, 32, 132 and 226. Supreme Court has declared the power of Judicial Review as part of the basic structure of the Constitution.
Historical Background
- The doctrine of judicial review is originated and developed in the USA.
- It was established for the first time in the famous case of Marbury vs. Madison in 1803 by the then Chief Justice of the American Supreme Court John Marshall.
- In India, the Constitution itself confers the power of Judicial review on both the Supreme Court and High Courts.
- In the Indira Gandhi vs Raj Narain case of 1975, the Supreme Court declared Judicial Review as a basic feature of the Constitution.
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“Constitution without judicial review is unconstitutional.” |
Classification of Judicial Review
Justice Syed Shah Mohamed Quadri has classified the judicial review into the following three categories.
- Judicial review of constitutional amendments
- Judicial review of the laws of the Parliament, state legislatures and subordinate legislations
- Judicial review of administrative action of the Union, state and authorities under the state.
Scope of Judicial Review
A law or an executive order can be challenged in the Supreme Court on the following three grounds.
- If it infringes the Fundamental Rights
- If it is outside the competence of an authority which has framed it
- If it is repugnant to the Constitutional Provisions.
Significance of Judicial Review
- It is important to uphold the supremacy of the Constitution.
- It maintains the federal balance between the Centre and the states.
- It serves as a vital mechanism for protecting Fundamental Rights and liberties from infringement by the government.
- It reinforces the principle of the rule of law.
- By providing a check on the actions of the executive and legislative, the judiciary helps to prevent the concentration of power in any one branch and promotes accountability and transparency in governance.
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