JUDICIAL REVIEW (Brief Notes)

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.

1. JUDICIAL REVIEW

2. Judicial Review refers to the powers of the
judiciary to interpret the Constitution and to
declare any such law or order of legislative
Executive void.
If it finds the conflict, constitution ( Supreme Law
Of Land).
The Supreme Court of India has the right and
supreme responsibility of interpreting and
protecting it.
It also protects the Fundamental Rights of
people.

3. For this purpose, the Supreme Court exercises the
power of determining the Constitution.
The validity of all laws. It has the power to reject
any law or any of its power, which is found to be
unconstitutional.
This power of the Supreme Court called the
Judicial Review Power.
State High Court also exercises this power but
their judgments can be rejected or modified or
upheld by the Supreme Court.

4. MEANING OF JUDICIAL REVIEW:
Judicial Review refers to the power of the judiciary to
intercept the constitution and to declare any such law
or order of the legislature and executive void.
If it finds the conflict in the Constitution Of India.
Judicial Review is the power of the judiciary in which
the court reviews the law and rules of legislature
executive in cases that come before them in a
litigation case. Then the court determines the
Constitution value with the laws and rules of the
government. And the court rejects the law any of its
power which is found to be unconstitutional or
against the constitution.

5. FEATURES OF JUDICIAL REVIEW
IN INDIA:
1.Judicial Review is used by both Supreme
Court & High Court. Both Supreme Court & High
Court exercise the Judicial Review. But the final
power to determine the constitutional validity of
any laws is the hand of the Supreme Court of
India.
2.Judicial Review of both Central & State Laws.
Judicial Review can be conducted in respect of all
central and state laws. The order & ordinance of
executive and constitutional amendments.

6. 3.Limitations: Judicial Review is conducted in
respect of laws, incorporated in the 9th schedule
of the Constitution Of India.
4.It covers laws & not political issues. Judicial
Review applies only to the question of law. It
cannot be exercised in political issues.
5.Judicial Review is not automatic. The
Supreme Court does not use the power of
Judicial Power of its own. It can use it only any
law or rule is specifically challenged before it or
when during hearing the case. The validity of any
law is challenged before it.

7. 6.Decisions in Judicial Review. The Supreme Court
can decide who is constitutionally valid. In this case,
the law continues to operate before or whether the
law is constitutionally invalid. In this case, the law
ceases to affect judgment. only a part or part of it is
invalid. Invalid-not operative & other parts are
operative.
7.Judicial Review decisions get implemented from
the date of judgment. When the law gets rejected
unconstitutional it ceases to operate from the date of
judgment. All activity performed on the basis of law
before the date of the judgment declaring it invalid or
continuing it to be valid.

8. 8.Principle of Procedure established by Law.
Judicial Review in India is governed by the
principle of procedure established by law. The
court conducts one test, whether the law has been
made in accordance with powers granted by the
constitution to the law-making body & follows the
prescribed procedure or not. It gets rejected when
it is violative of procedure established by law.
9.Clarification of Law when rejected law violates.
While declaring a law unconstitutional. The
Supreme Court has to sign the provisions of the
Constitution which it violates. The court has to
clearly establish the invalidity of concern law or
any of its parts.

9. CRITICAL EVALUATION OF JUDICIAL
REVIEW.
1.It is undemocratic. The critics describe
Judicial Review as an undemocratic system. It
empowers the court to decide the fate of laws
passed by the legislative which represents the
sovereign will of the people.
2.Lack of Clarity. The Constitution Of India
does not clearly describe the Judicial Review. It
pressed upon the basis of several articles of the
constitution.

10. 3.Source of the administration problems.
When the law is struck down by the Supreme
Court as unconstitutional. The decision
becomes effective from the date on which
judgment is given.
Now a law can face Judicial Review only
when the question of constitutionality arises in
any case being heard by the Supreme Court.
Such a case can come before the Supreme
Court after 5 or 10 more years in the
enforcement of that law.

11. Court rejects it unconstitutional creates
administration problems.
In Judicial Review decisions can create more
problems than it shows several critics regard the
Judicial Review system as a reactionary system.
They hold while determining the constitutional
validity of the law, the Supreme Court asks and
adopts the legal and conservative approach.
It can reject progressive laws enacted by the
legislature

12. 4.Delaying System: Judicial Review is delay and
inefficiency. The people in general and law
enforcement agencies in particular sometimes
decide to those laws. They prefer to wait to let the
Supreme Court decide the constitution. Validity in a
case that comes before it at any time.
5.Judicial Review can make the parliament
irresponsible as it can decide to depend upon the
Supreme Court for determining the constitution's
validity or reasonableness of law passed by it.

13. 6.Fear of Judicial Tyranny. A bench that can be
3/5/9 Judges of Supreme Court hears the Judicial
Case. It gives a decision by a simple majority of a
single judge. This way single judge determining
the fate of a law that has been passed by elected
members of sovereign people.
7.Supreme Court reverses its decision. The
judgment in the Golaknathcase and in the earlier
case like KesavanandaBharathi case reversed
the judgment in the Golaknathcase. The same
enactment was held valid, then invalid and then
valid. Such reversal let to subjective in Supreme
Court.

14. JUSTIFICATION OF JUDICIAL REVIEW:
Judicial Review does not accept critics.
They argue that Judicial Review is an essential
system in India.
It plays a protective role in the Indian Judiciary
system.
Judicial Review checking the possible corrections.
Judicial Review is a device for protecting the rights
of people.
Judicial power to the judiciary strengthens the
judiciary.

15. Independence to judiciary Judicial Review is
not possible on some law.
9th schedule of the Constitution Of India.
Judicial Review in legal and constitution cases.
Judicial Review is under the Constitution Of
India.
The parliament can pass laws for hurdles in
Judicial Review.