Judicial Review Explained

Judicial review is a fundamental aspect of the Indian legal system, serving as a vital mechanism for maintaining the rule of law and protecting the rights of citizens. It refers to the power of the judiciary to examine and invalidate legislative and executive actions that are inconsistent with the Constitution of India. This article aims to provide a comprehensive understanding of judicial review in India, its historical context, constitutional provisions, and its significance in upholding democracy.

Historical Background

The concept of judicial review is not unique to India; it has its roots in the principles established by the United States Supreme Court. The landmark case of Marbury v. Madison (1803) established the principle that it is the duty of the judiciary to say what the law is and to ensure that no law is contrary to the Constitution. This concept was adopted in India, particularly after gaining independence in 1947.

Constitutional Provisions

The Constitution of India, adopted in 1950, provides the framework for judicial review under various articles:

• Article 13: This article declares that any law that is inconsistent with fundamental rights shall be void. It empowers the judiciary to review laws and ensure they comply with the Constitution.
• Article 32: It grants individuals the right to approach the Supreme Court for the enforcement of fundamental rights, thereby enabling judicial review.
• Article 226: This article empowers High Courts to issue writs for the enforcement of fundamental rights and for any other purpose, which includes reviewing administrative actions.
• Article 136: It provides the Supreme Court with the power to grant special leave to appeal from any judgment, decree, or order in any case or matter decided by any court or tribunal in the territory of India.

Types of Judicial Review

Judicial review can be categorized into several types based on the nature of the action being reviewed:

• Constitutional Review: This involves examining the constitutionality of laws and amendments made by the legislature.
• Administrative Review: This type of review assesses the legality of actions taken by administrative authorities and public bodies.
• Legislative Review: This involves reviewing the legislative process to ensure that proper procedures were followed in enacting laws.

Significance of Judicial Review

Judicial review plays a crucial role in a democratic society. Its significance can be summarized as follows:

• Protection of Fundamental Rights: Judicial review ensures that laws or actions infringing upon fundamental rights are struck down, thereby safeguarding individual liberties.
• Checks and Balances: It acts as a check on the powers of the legislature and executive, ensuring that their actions remain within constitutional boundaries.
• Upholding the Rule of Law: By invalidating arbitrary actions, judicial review reinforces the principle of the rule of law, ensuring that no one is above the law.
• Promoting Accountability: Judicial review holds public authorities accountable for their actions and decisions, ensuring transparency and fairness in governance.

Landmark Cases on Judicial Review

Several landmark cases have shaped the doctrine of judicial review in India:

• Kesavananda Bharati v. State of Kerala (1973): This case established the "basic structure doctrine," asserting that certain fundamental features of the Constitution cannot be amended, thereby reinforcing the role of judicial review in protecting these features.
• Minerva Mills v. Union of India (1980): The Supreme Court reaffirmed the importance of judicial review in maintaining the balance of power between the legislature and the judiciary, emphasizing the need to protect fundamental rights.
• Vishaka v. State of Rajasthan (1997): In this case, the Supreme Court laid down guidelines to prevent sexual harassment at the workplace, showcasing the judiciary's role in filling legislative gaps through judicial review.

Limitations of Judicial Review

While judicial review is a powerful tool, it is not without limitations. Some of the key limitations include:

• Doctrine of Separation of Powers: The judiciary must respect the separation of powers and refrain from interfering in matters that fall within the domain of the legislature or executive.
• Judicial Restraint: Courts often exercise restraint and avoid striking down laws unless there is a clear violation of the Constitution.
• Political Questions Doctrine: Certain issues that are inherently political may not be subject to judicial review, as the judiciary may lack the expertise to adjudicate such matters.

Judicial Review in the Context of Fundamental Rights

Judicial review is intricately linked to the protection of fundamental rights. The Supreme Court has often intervened to protect individual rights against arbitrary state action. The following principles highlight this relationship:

• Right to Equality: Article 14 of the Constitution guarantees equality before the law and prohibits discrimination. Judicial review ensures that laws violating this principle are struck down.
• Right to Life and Personal Liberty: Article 21 protects the right to life and personal liberty, and the judiciary has expanded its interpretation to include various rights essential for a dignified life.
• Right to Free Speech: Article 19(1)(a) guarantees the right to freedom of speech and expression, and judicial review protects this right by invalidating laws that impose unreasonable restrictions.

Judicial Review and Legislative Process

The relationship between judicial review and the legislative process is complex. The judiciary does not have the power to legislate but can review the process and content of laws enacted by the legislature. Key points include:

• Procedure Established by Law: The Supreme Court has held that a law must be enacted following the proper procedure, and any deviation can be subject to judicial review.
• Substantive Review: The courts can assess the substance of laws to determine if they are arbitrary, unreasonable, or discriminatory.
• Amendments to the Constitution: While the Parliament has the power to amend the Constitution, the judiciary can review such amendments if they violate the basic structure of the Constitution.

Judicial Review in Administrative Actions

Judicial review extends to scrutinizing administrative actions to ensure they are lawful and reasonable. Important aspects include:

• Writ Jurisdiction: Under Article 226, High Courts can issue writs to review administrative actions, providing a remedy for individuals aggrieved by arbitrary decisions.
• Principles of Natural Justice: The judiciary ensures that administrative bodies adhere to principles of natural justice, such as the right to be heard before adverse action is taken.
• Proportionality: Courts often apply the principle of proportionality in reviewing administrative actions, assessing whether the action taken is proportionate to the intended objective.

Conclusion

In conclusion, judicial review is an essential component of the Indian legal system, reinforcing the principles of democracy, accountability, and the rule of law. It serves as a guardian of fundamental rights and a check on the powers of the legislature and executive. While it faces certain limitations, its significance cannot be overstated. The judiciary's ability to review laws and administrative actions ensures that the Constitution remains the supreme law of the land, protecting the rights and freedoms of citizens.

FAQs

• What is judicial review?
  Judicial review is the power of the judiciary to examine and invalidate legislative and executive actions that are inconsistent with the Constitution.
• Which articles of the Indian Constitution relate to judicial review?
  Articles 13, 32, 226, and 136 are key provisions that empower the judiciary to exercise judicial review.
• What is the basic structure doctrine?
  The basic structure doctrine asserts that certain fundamental features of the Constitution cannot be amended, ensuring the judiciary can review amendments that violate this principle.
• How does judicial review protect fundamental rights?
  Judicial review allows individuals to challenge laws and actions that infringe upon their fundamental rights, ensuring their protection.
• Can the judiciary review constitutional amendments?
  Yes, the judiciary can review constitutional amendments if they violate the basic structure of the Constitution.
• What are the limitations of judicial review?
  Limitations include the doctrine of separation of powers, judicial restraint, and the political questions doctrine.
• What role does judicial review play in the legislative process?
  Judicial review ensures that laws are enacted following proper procedures and assesses their substance to prevent arbitrary actions.
• What is the significance of the Kesavananda Bharati case?
  This case established the basic structure doctrine, reinforcing the judiciary's role in protecting the Constitution's foundational principles.
• How does judicial review apply to administrative actions?
  Judicial review allows courts to scrutinize administrative actions for legality and adherence to principles of natural justice.
• What is the relationship between judicial review and the rule of law?
  Judicial review upholds the rule of law by ensuring that no one, including the legislature and executive, is above the law.