Q.1. In India, Judicial Review implies (2017-I)
(a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
(b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
(c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
(d) the power of the Judiciary to review its own judgements given earlier in similar or different cases.
Correct Answer is Option (a)
Judicial review means the power of SC or HC to examine the constitutionality of any law. So, "A" is the most fitting option.
Q.2. Who was the Chief Justice of India when Public Interest Litigation (PIL) was introduced to the Indian judicial system? (2006)
(a) M. Hidayatullah
(b) A. M. Ahmadi
(c) A. S. Anand
(d) P. N. Bhagwati
Correct Answer is Option (d)
PN Bhagwati was CJI during July 1985–Dec 1986. During his tenure as CJI, PIL was introduced to the Indian judicial system.
Q.3. Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (UPSC GS2 2020)
Judicial Legislation’ can be defined as laws which are created by the pronouncements of a judge who departs from a strict interpretation of law according to the manifest intention of the legislature. Judicial legislation in context of Indian constitution is opposed to the doctrine of separation of power.
The constitution of India provides the power to legislate only to Indian Parliament and states legislatures. However, any judgment of Supreme Court and High Court regarding any legislation is considered as law in Indian context, which infringes the separation of power jurisdiction.
How is Judicial Legislation antithetical to the doctrine of separation of powers?
Conclusion
Although judicial review is part of basic structure of the constitution, it provides for ‘Checks’ on government’s legislative overreach rather than providing an instrument to judiciary to legislate. As ‘Custodian of the Indian Constitution’, the apex court must limit the use of instruments such as ‘Public Interest Litigations’. It must maintain ‘Separation of Powers’ among different organs of the government i.e. Legislature, Executive and Judiciary by exercising instrument of ‘Checks and balances’.
Topics covered - Judicial Legislation, Judicial Activism
1. What is judicial review? |
2. What is judicial activism? |
3. What is Public Interest Litigation (PIL)? |
4. How does judicial review affect the balance of power in a democracy? |
5. What are the advantages and disadvantages of judicial activism? |
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