Judicial Review of the Constituent Power | Important Acts and Laws for Judiciary Exams PDF Download

Limits of Judicial Review of the Constituent Power

• Judicial review is a crucial aspect of the legal system, ensuring that laws and actions are in line with the constitution. It empowers the judiciary to declare laws unconstitutional if they violate the constitution's provisions or fundamental rights.
• For instance, in the landmark case of Keshvanandan Bharti v. State of India, the Supreme Court established the basic structure doctrine, asserting that while Parliament can amend the constitution, it cannot alter its essential framework.
• Furthermore, the 24th Amendment aimed to limit judicial review and strengthen parliamentary authority. However, the judiciary's role in safeguarding fundamental rights remains paramount.

Article 32 and Fundamental Rights Protection

• Article 32 of the Indian Constitution guarantees individuals the right to move the Supreme Court for the enforcement of fundamental rights. This provision serves as a vital mechanism to protect citizens from legislative or executive overreach.
• Notably, in RN Kumar v. Municipal Corp. of Delhi, the Supreme Court emphasized that while Article 32 provides an expedited remedy, individuals should first seek relief in high courts before approaching the apex court.
• Overall, judicial review and mechanisms like Article 32 play a pivotal role in upholding the rule of law and ensuring constitutional governance in India.