Skip to main content

Judicial Review

 Judicial Review

India has 3 organs known the legislature, executive, and judiciary. Judiciary as the organ is independent whereas the rest of the organ is somewhere dependent on each other. Judiciary's task is to adjudicate controversies over the application of laws in a specific situation. The judiciary is also responsible for keeping a check on the rest of the organs this is known as judicial review.

Judicial review can be defined as a procedure by which a court can review an administrative action by a public body and secure a declaration, order, or award. The actions which are against the constitution of the country are declared as void, this showcases that such a review depends upon the written constitution. 

Judicial review was first discussed in the United States, in the case of Marbury v. Madison. The court ruled out that the newly elected president of that time and his secretary of the state, john madison was wrong to prevent William Marbury from being justice of the district court as being appointed by the former president before leaving the office, so writ was filed under the mandamus against the secretary of the state. In this case, the judiciary act gave the supreme court jurisdiction, marshall court ruled the act of 1789 to be an unconstitutional extension of the judiciary.

Judicial review of India has been adopted from the US constitution, but Britain follows a different rule which is that no court can declare any law as invalid which is passed by Britain.

In the Indian constitution, various provisions talk about judicial review such as Article 13, 32, 131-136, 143,226, 145, etc. There might be provisions that give chance for judicial review but there is no specific article that gives power to the court to declare the law invalid. The court only decides whether a law is constitutional or not. If the provision is considered unconstitutional then it is seen that the provision can be separated from the unconstitutional part of the provision. If it can be then the unconstitutional part is removed but if not then the whole provision is considered void.

Various cases describe a judicial review, such as  Shankari Prasad v. Union of India, this case was related to the right to property was abridged by the act and against article 13 of the constitution. it was held that the Supreme court rejected the contention and talked about the terms of article 368 are perfectly general and empowered the parliament to amend the constitution without any exception. 

Case Minerva mill case is another example of judicial review,  42 nd amendment act which gave power to directive principle over articles 24, 19, 31 of our constitution. Part iii and part iv of the constitution are equally important and absolute primacy of one over the other is not permissible.

Case P.U.C.L v. O.I, the apex court of the country, gave a historical verdict stating that to disregard or disobey the decision given by the court. It was also seen that if the legislature does not influence the subject matter then the lawmaker of no power to ask for instrumentality.


s
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more