Examine the power of judicial review as enjoyed by the Supreme Court of India.

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Examining the Power of Judicial Review in the Supreme Court of India

Introduction:

Judicial review, the power of a court to review laws and government actions for their constitutionality, is a cornerstone of modern democratic systems. In India, this power is vested primarily in the Supreme Court, enshrined in its role as the guardian of the Constitution. While not explicitly mentioned in the Constitution itself, the Supreme Court, through landmark judgments, has established its authority to strike down laws deemed inconsistent with fundamental rights or the basic structure of the Constitution. This power, however, is not absolute and is subject to ongoing debate and refinement.

Body:

1. Origins and Evolution of Judicial Review:

The power of judicial review in India evolved gradually. Early cases laid the groundwork, but the landmark case of Kesavananda Bharati v. State of Kerala (1973) solidified the Supreme Court’s power to review laws and established the “basic structure doctrine,” which prevents the Parliament from amending the Constitution in a way that alters its fundamental features. This case significantly shaped the contours of judicial review in India, granting the Court considerable power to safeguard constitutional values.

2. Scope and Limitations of Judicial Review:

The Supreme Court’s power extends to reviewing central and state legislation, executive actions, and even constitutional amendments. However, this power is not unlimited. The Court generally exercises restraint, preferring to uphold legislation unless it clearly violates constitutional provisions. The “basic structure doctrine” itself acts as a limitation, preventing the Court from striking down amendments that merely modify, rather than fundamentally alter, the Constitution. Furthermore, the Court’s decisions are subject to public scrutiny and debate, and its interpretations can be influenced by societal changes and evolving constitutional values.

3. Positive Aspects of Judicial Review:

  • Protection of Fundamental Rights: Judicial review acts as a crucial safeguard against governmental overreach, ensuring that the fundamental rights of citizens are protected. Numerous cases demonstrate the Court’s role in upholding these rights, particularly in areas like freedom of speech, equality, and due process.
  • Ensuring Constitutional Supremacy: By reviewing laws and actions for their conformity with the Constitution, the Supreme Court reinforces the Constitution’s supremacy and prevents the erosion of its core principles.
  • Promoting Good Governance: The Court’s power to scrutinize government actions encourages accountability and transparency, promoting better governance and preventing arbitrary exercises of power.
  • Upholding the Rule of Law: Judicial review strengthens the rule of law by ensuring that all actions, including those of the government, are subject to legal scrutiny and are consistent with the established legal framework.

4. Negative Aspects of Judicial Review:

  • Potential for Judicial Overreach: Critics argue that the Court sometimes oversteps its boundaries, venturing into areas that are more appropriately addressed by the legislature or executive. The “basic structure doctrine,” while crucial, has been criticized for its inherent ambiguity and potential for subjective interpretation.
  • Delay in Policy Implementation: Judicial review can lead to delays in policy implementation, as challenges to government actions can tie up matters in court for extended periods.
  • Lack of Accountability: While the Court is subject to public scrutiny, its decisions are not directly accountable to the electorate, raising concerns about democratic legitimacy.
  • Unequal Access to Justice: Access to the Supreme Court can be expensive and challenging, potentially hindering the ability of marginalized groups to effectively challenge government actions.

Conclusion:

The Supreme Court of India’s power of judicial review is a powerful tool for safeguarding constitutional values and promoting good governance. It has played a vital role in protecting fundamental rights and ensuring the supremacy of the Constitution. However, its power is not without limitations and potential drawbacks. Striking a balance between upholding constitutional principles and respecting the democratic process remains a crucial challenge. To enhance the effectiveness and legitimacy of judicial review, measures such as improving access to justice, promoting greater transparency in judicial decision-making, and fostering a culture of judicial restraint are essential. By addressing these issues, India can further strengthen its constitutional framework and ensure a more just and equitable society, upholding the principles of justice, liberty, equality, and fraternity enshrined in its Constitution.

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