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Judiciary also has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution. This is called
- a)Law Making
- b)Dispute resolution
- c)Judicial review
- d)Enforcing fundamental rights
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Judiciary also has the power to strike down particular laws passed by ...
Judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.
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Judiciary also has the power to strike down particular laws passed by ...
Understanding Judicial Review
Judicial review is a fundamental mechanism in a democratic system where the judiciary has the authority to evaluate and invalidate laws or actions that contravene the Constitution. This power is essential for maintaining the supremacy of the Constitution and ensuring that no law undermines its basic structure.
Key Aspects of Judicial Review
- Constitutional Supremacy: The Constitution is the supreme law of the land. Any law passed by Parliament must align with its provisions. Judicial review allows courts to assess whether legislation adheres to constitutional principles.
- Basic Structure Doctrine: Established by the Supreme Court of India, this doctrine maintains that certain fundamental features of the Constitution cannot be altered or destroyed by amendments. Laws infringing upon these features can be struck down.
- Protection of Fundamental Rights: Judicial review serves as a guardian of fundamental rights. If a law violates individual rights guaranteed under the Constitution, the judiciary can intervene to protect those rights.
- Checks and Balances: This power reinforces the system of checks and balances among the branches of government. It prevents the legislative or executive branches from overstepping their authority.
- Public Interest: Judicial review often considers the broader public interest, allowing the judiciary to act as a protector of democracy and justice.
Conclusion
In summary, judicial review is a vital function of the judiciary that safeguards the Constitution's integrity and protects individual rights. It ensures that laws passed by Parliament do not violate the foundational principles of democracy, thereby playing a crucial role in upholding the rule of law.
Judicial review is a fundamental mechanism in a democratic system where the judiciary has the authority to evaluate and invalidate laws or actions that contravene the Constitution. This power is essential for maintaining the supremacy of the Constitution and ensuring that no law undermines its basic structure.
Key Aspects of Judicial Review
- Constitutional Supremacy: The Constitution is the supreme law of the land. Any law passed by Parliament must align with its provisions. Judicial review allows courts to assess whether legislation adheres to constitutional principles.
- Basic Structure Doctrine: Established by the Supreme Court of India, this doctrine maintains that certain fundamental features of the Constitution cannot be altered or destroyed by amendments. Laws infringing upon these features can be struck down.
- Protection of Fundamental Rights: Judicial review serves as a guardian of fundamental rights. If a law violates individual rights guaranteed under the Constitution, the judiciary can intervene to protect those rights.
- Checks and Balances: This power reinforces the system of checks and balances among the branches of government. It prevents the legislative or executive branches from overstepping their authority.
- Public Interest: Judicial review often considers the broader public interest, allowing the judiciary to act as a protector of democracy and justice.
Conclusion
In summary, judicial review is a vital function of the judiciary that safeguards the Constitution's integrity and protects individual rights. It ensures that laws passed by Parliament do not violate the foundational principles of democracy, thereby playing a crucial role in upholding the rule of law.
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