JUDICIAL REVIEW-IP LEASERS

 Title: Judicial Review - iPleaders

Judicial Review in India: Unraveling the Legal Doctrine

1. Introduction

   Judicial review is a fundamental legal concept that empowers courts to assess the constitutionality and legality of legislative and administrative actions. In India, this doctrine plays a crucial role in maintaining the delicate balance of power among the three branches of government.Summary: This article provides an in-depth understanding of judicial review, including its importance, scope, features, and functions. It discusses the grounds for judicial review, types of review (legislative actions and administrative actions), and landmark Indian cases related to judicial review. Some of the notable cases include,

   1. Shankari Prasad v. Union of India: This case marked the assertion of Parliament’s amendment power.
   2. Sajjan Singh v. State of Rajasthan: A significant case in the evolution of judicial review.
   3. I.C. Golaknath v. State of Punjab: A crucial milestone in defining the scope of judicial review.
   4. Kesavananda Bharati v. State of Kerala: The famous case that introduced the “basic structure” doctrine.
   5. 
      
   • Checks and Balances: It acts as a check on the legislative and executive branches, ensuring they do not exceed their constitutional limits or infringe upon citizens’ fundamental rights.
   • Preserving Constitutional Values: Judicial review safeguards the supremacy of the Constitution and protects individual liberties.
   
   

   HISTORY OF JUDICIAL REVIEW IN INDIA:

   The journey of judicial review in India can be traced through landmark cases:

   1. Shankari Prasad v. Union of India: Asserted Parliament’s amendment power.
   2. Sajjan Singh v. State of Rajasthan: Explored the boundaries of judicial review.
   3. I.C. Golaknath v. State of Punjab: Defined the scope of judicial review.
   4. Kesavananda Bharati v. State of Kerala: Introduced the “basic structure” doctrine.
   5. I.R. Coelho v. State of Tamil Nadu: Clarified limitations on Parliament’s power to amend the Constitution.
   
   

   HISTORY OF JUDICIAL REVIEW:

   1. Review of Legislative Actions:
   • Key Cases: Shankari Prasad, Sajjan Singh, Golaknath, Kesavananda Bharati, and Indira Gandhi.
   
   
   1. Review of Administrative Actions:
   • Courts assess the legality and fairness of administrative decisions.
   • Notable Cases: Bank Nationalization case and others.
   
   
    REVIEW CASES:

   1. General Limitations:

   • Restricts government functioning.
   • Violates constitutional limits.
   • Challenges the separation of powers.
   • Sets precedents.
   • May have selfish motives.
   • Frequent interference affects local governance.
   • 2.Doctrine of Strict Necessity:
   • Courts exercise self-restraint.
   • Balance between activism and restraint.
   • Locus Standi, Res Judicata, Unreasonable delay, Exhaustion of remedies.
   • Exclusion of judicial review in specific cases.
   
   

   CONCLUSION:

   Judicial review remains a cornerstone of India’s legal system, ensuring constitutional fidelity and protecting citizens’ rights. As courts continue to interpret and apply the law, the delicate dance between activism and restraint shapes our democracy.

Ashvitha

B.SC.; LL.B.(Hons.)

Semester II

National Forensic Science University, Gandhi Nagar, Gujarat.

National Forensic Science University, an Institution of national Importance, having it headquarter at Gandhinagar, is established by an Act passed in the year 2020 by the Parliament of India, to facilitate and promote studies and research and to achiever excellence in the field of forensic science in conjunction with applied behavioral science studies, law, criminology and other allied areas and technology.

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ashvithamuthusamy@gmail.com