Skip to main content

Limitations of JUDICIAL REVIEW

 Limitations of JUDICIAL REVIEW

In India, judicial review is founded on the notion of supra vires, which has been around since British rule began. The legality of judicial review was never a dispute under the Indian constitution because article 13(2) expressly states that any statute that is incompatible with the basic rights provided by Part III is null and invalid. This established the validity of judicial review, and the Indian Supreme Court clarified in one of the first judgments that the power of judicial review is inherent in a written constitution and existed irrespective of article 13(2).

Judicial review can be defined as an inferior court's reconsideration of a degree or sentence; however, the idea has undergone significant modifications in recent years, and any literal interpretation of the term is erroneous. When a person who is offended by a judgement puts it before the court, judicial review is possible against the exercise of authority by public authorities, whether they be constitutional, quasi-judicial, or governmental. The ability to judicially examine any decision is a unique authority that the superior court possesses.

Judicial Review is critical because it creates a network of checks and balances on the legislation approved by the legislature. Under the Constitution, the distinct functionary legislature, executive, and judiciary are to execute powers with checks and balances.

In India, Arts. 32 and 136, provided by constitution gives the Supreme Court to exercise the power of judicial review. Similarly, under Art. 226 and 227 High Courts have a power of judicial review.

The ability of the judiciary to exercise its judicial review power is limited. If the court oversteps its bounds by interfering with the executive's authority, it is referred to as judicial activism, which can lead to judicial overreach. Judicial Review restricts the government's ability to function. Chief Justice Marshall held in the Marbury versus Madison case that the Court should not assume jurisdiction if it does not have jurisdiction, but that it must take jurisdiction if it does.

It is necessary that the scope be limited to determining whether the method for obtaining the decision was followed appropriately, but not the conclusion itself. The judges' opinions in any court case form the basis for deciding other cases.

Judicial review is an aspect of the Supreme Court and the High Courts and these rights are not conferred to the lower courts. The faith of the people in the integrity, quality, and efficiency of the government can be diminished by the court by repeated interventions.

In the administrative process, judicial review is limited to the procedures specified by law. That is, judicial examination of administrative processes that violate Jurisdictional Error, Irrationality, Procedural Impropriety, Proportionality, and Legitimate Expectation results in judicial overreach. In case, it was determined that, while these judicial review grounds are not exhaustive, they constitute an adequate foundation for the courts to exercise their authority.

The doctrine of "Stringent Necessity" makes it plain that the Court can only determine constitutional problems if it is forced to do so by strict necessity. As a result, constitutional problems will not be determined in broader terms than are necessary by the particular facts to which the judgement is to be applied, nor if the finding is to be applied to a different set of facts.

if the record presents some other ground upon which to decide the case, nor at the instance of one who has availed himself of the benefit of a statute or who fails to show case that the injury is due to its operation, nor if a construction of the statute is fairly possible by which the question may be fairly avoided.


Popular posts from this blog

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B