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Judicial review

Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.

Judicial review:


Context:

The Supreme Court has refused to treat the Central Vista project as a unique one requiring greater or “heightened” judicial review.

What has the Court said?

  1. A majority view of the Supreme Court said the government was “entitled to commit errors or achieve successes” in policy matters without the court’s interference as long as it follows constitutional principles.
  2. It is not the court’s concern to enquire into the priorities of an elected government. Judicial review is never meant to venture into the mind of the government and thereby examine validity of a decision.

What is Judicial Review?

Judicial review is the power of Judiciary to review any act or order of Legislative and Executive wings and to pronounce upon the constitutional validity when challenged by the affected person.

Judicial review present in India:

  1. The power of Judicial Review comes from the Constitution of India itself (Articles 13, 32, 136, 142 and 147 of the Constitution).
  2. The power of judicial review is evoked to protect and enforce the fundamental rights guaranteed in Part III of the Constitution.
  3. Article 13 of the Constitution prohibits the Parliament and the state legislatures from making laws that “may take away or abridge the fundamental rights” guaranteed to the citizens of the country.
  4. The provisions of Article 13 ensure the protection of the fundamental rights and consider any law “inconsistent with or in derogation of the fundamental rights” as void.

judicial

InstaLinks:

Prelims Link:

  1. What is JR?
  2. Evolution.
  3. Articles 13, 21 and 32.

Mains Link:

What is Judicial Review in the Indian Context? Discuss.

Sources: the Hindu.