Judicial Review and Its Impact on Constitutional Interpretation
- Lets Learn Law
- Apr 19
- 5 min read
Judicial review is one of the most important and crucial components of constitutional governance, it provides a tool to ensure that governmental acts are consistent with the ideals stated in the constitution. Articles 226 and 32 of the Indian Constitution offers the judiciary the power of judicial review, allowing it to check and scrutinize the activities of the executive and legislative departments. Judicial Review is a type of court proceeding in which the judge reviews the lawfulness of a decision or action made by a public authority. Judicial reviews does not focus on how a decision has been made, rather it focuses on the rights and wrongs of the conclusion reached. This paper explores the evolution, scope, and impact of judicial review on constitutional interpretation, emphasizing its role in shaping legal precedent and democratic principles, by also analyzing landmark judgements.
Introduction
Judicial Review is the strength of the judiciary to study and decide the constitutionality of moves taken by way of means of the legislative and govt branches of government. In India, this power is enshrined in the Constitution and serves as a vital mechanism for maintaining the rule of law and protecting the rights and freedoms guaranteed to citizens. The Hon’ble Supreme Court of India, because the apex judicial body, performs a critical function in decoding the Constitution, making sure that everyone's legal guidelines and government moves align with constitutional provisions. Over the years, judicial evaluation has extensively inspired constitutional interpretation in India, shaping the country’s felony and political landscape.
The effect of judicial assessment on constitutional interpretation in India has been profound, mainly to the improvement of key doctrines which includes the Basic Structure Doctrine, which prevents Parliament from altering the essential features of the Constitution. Judicial review has also expanded the scope of fundamental rights, adapted the Constitution to changing social and political contexts, and reinforced the rule of law. Through landmark judgments, the judiciary has not only protected individual rights but also shaped the legal and political landscape of the country, ensuring that the Constitution remains a living document that evolves with the times.
Constitutional Basis of Judicial Review
The idea of judicial evaluate in India is rooted in numerous key provisions of the Constitution
Article 13: This article publicizes that any regulation inconsistent with or in derogation of the essential rights will be void. It empowers the courts to invalidate legal guidelines that violate essential rights.
Article 32 and Article 226: These articles provide the right to constitutional remedies, allowing citizens to approach the Supreme Court and High Courts, respectively, for the enforcement of their fundamental rights. Through those provisions, the courts exercising their energy of judicial review.
Article 131-136: These articles grant the Supreme Court the authority to hear various types of cases, including appeals, special leave petitions, and disputes between states or between states and the central government. This vast jurisdiction permits the Supreme Court to check the constitutionality of legislative and government actions.
Article 372: This article permits for the continuation of pre-Constitution laws, difficulty to their conformity with the Constitution. This means that legal guidelines in pressure earlier than the Constitution may be reviewed for constitutionality.
Historical Evolution of Judicial Review in India
The concept of judicial review was influenced by the British legal system, which India inherited during colonial rule. However, the framers of the Indian Constitution had been additionally stimulated with the aid of using the American model, wherein judicial overview is a well-installed principle. The evolution of judicial assessment in India may be traced thru numerous landmark instances and constitutional amendments.
Judicial review has its roots in both legal philosophy and constitutional development, emerging as a crucial mechanism for maintaining the rule of law. The concept can be traced back to early legal traditions, including English common law, where courts exercised limited oversight over executive actions.
Relevant Case Laws
SHAKARI PRASAD SINGH DEOV/s UNION OF INDIA
One of the earliest instances to cope with the scope of judicial evaluation turned into Shankari Prasad Singh Deo v. Union of India (1951). The case challenged the validity of the First Amendment to the Constitution, which curtailed the proper to property. The Supreme Court, in this case, held that Parliament had the power to amend any part of the Constitution, including fundamental rights. The Court reasoned that on the grounds that Article 368 (which offers with constitutional amendments) become itself a provision of the Constitution, it become situation to the identical change system as different parts.
2. GOLAKNATH V/s STATE OF PUNJAB
The ruling in Golaknath v. State of Punjab (1967) marked a great shift withinside the interpretation of the Constitution. In this case, the Supreme Court held that Parliament couldn't amend essential rights. The Court implemented the doctrine of potential overruling, affirming that any constitutional change infringing on essential rights could be void, however this will practice simplest to destiny amendments.
This choice sparked a debate over the stability of electricity among the judiciary and the legislature, main to next constitutional amendments geared toward curtailing judicial review.
3. MINERVA MILLS LTD V/s UNION OF INDIA
The Minerva Mills Ltd. v. Union of India (1980) case in addition solidified the Basic Structure Doctrine. The case challenged the forty second Amendment, which sought to lessen the scope of judicial assessment with the aid of using making positive legal guidelines immune from judicial scrutiny. The Supreme Court held that the modification violated the simple shape of the Constitution with the aid of using undermining the stability of electricity among the judiciary and the legislature.
The Minerva Mills judgment reaffirmed the precept that judicial evaluation is an crucial function of the Constitution and that any try to curtail it'd be unconstitutional.
Challenges and Criticisms
Judicial Overreach: Critics argue that the judiciary, at times, has overstepped its boundaries, encroaching on the powers of the legislature and executive. The term “judicial overreach” is regularly used to explain times wherein courts have made choices on topics which can be historically in the area of the alternative branches of government.
Inconsistency in Decisions: There have been instances where the Supreme Court’s decisions on similar issues have been inconsistent, leading to confusion and uncertainty in the law. This inconsistency can undermine the credibility of judicial review.
Delay in Justice: The judiciary in India is burdened with a large number of pending cases, which can lead to delays in the exercise of judicial review. This postpone can have an effect on the well timed enforcement of essential rights and the shipping of justice.
Conclusion
The idea of Judicial assessment first emerged from the USA Constitution. Judicial overview allows to hold a test and stability at the functioning of the legislature, executives and administrative functions. India has the concept of check and balance which also keeps a check on the judicial decisions which prevents judiciary from committing any arbitrariness.
However, the electricity of judicial evaluate need to be exercised with warning to keep away from overreach and make certain consistency in decision-making. As India keeps to evolve, judicial overview will stay an vital mechanism for upholding the guideline of thumb of regulation and making sure that the Constitution stays a dwelling record that adapts to the changing needs and aspirations of its people
REFERENCES
This article is authored by Yati Sandeep Patole. He was among the Top 40 performers in the Legal Drafting Quiz Competition organized by Lets Learn Law.
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