Judicial review from "summary" of Indian Polity and Constitution Book by Mocktime Publication
Judicial review is a distinctive feature of the Indian Constitution. It empowers the judiciary to review the laws passed by the Parliament to ensure they do not violate the Constitution. The Supreme Court and High Courts have the authority to strike down any law that is found to be in conflict with the Constitution. This power acts as a check on the legislative and executive branches, ensuring that they do not overstep their boundaries. The concept of judicial review is based on the principle of separation of powers, which divides the functions of the government into three branches - the legislature, the executive, and the judiciary. The judiciary is tasked with interpreting the Constitution and ensuring that the other branches adhere to its provisions. This system of checks and balances ensures that no branch of government becomes too powerful. Judicial review is essential for upholding the rule of law in a democracy. It ensures that the government acts within the limits set by the Constitution and prevents any abuse of power. The judiciary plays a crucial role in protecting the rights of individuals and safeguarding the democratic principles enshrined in the Constitution. The power of judicial review is not unlimited. The judiciary can only strike down a law if it is found to be unconstitutional. This requires a careful examination of the provisions of the law and a comparison with the relevant provisions of the Constitution. The judiciary must provide a reasoned judgment explaining why a particular law is being struck down. Judicial review is a vital tool for maintaining the balance of power in a democratic society. It allows the judiciary to hold the government accountable and ensures that the rights of citizens are protected. The Indian Constitution has vested the judiciary with this important responsibility, recognizing the crucial role it plays in upholding the rule of law.
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