The document discusses the significance and utility of judicial review in India. It outlines how India has a written constitution that may require interpretation, and how the Supreme Court can settle disputes between federal and state governments to clarify limited constitutional powers. Additionally, the Supreme Court acts as an impartial interpreter of laws, protects citizens' rights against unreasonable restrictions, and has adapted the constitution to changes in society over time through progressive judgments.
The document discusses the significance and utility of judicial review in India. It outlines how India has a written constitution that may require interpretation, and how the Supreme Court can settle disputes between federal and state governments to clarify limited constitutional powers. Additionally, the Supreme Court acts as an impartial interpreter of laws, protects citizens' rights against unreasonable restrictions, and has adapted the constitution to changes in society over time through progressive judgments.
The document discusses the significance and utility of judicial review in India. It outlines how India has a written constitution that may require interpretation, and how the Supreme Court can settle disputes between federal and state governments to clarify limited constitutional powers. Additionally, the Supreme Court acts as an impartial interpreter of laws, protects citizens' rights against unreasonable restrictions, and has adapted the constitution to changes in society over time through progressive judgments.
Judicial Review: Significances and Utility of the Power
of Judicial Review in India
India has a Written Constitution:
A law or an Article of the Constitution may be ambiguously
worded. So naturally the question of interpretation of Constitution is bound to arise at times. The Constitution has Provided Limited Powers to the Union and the States:
If the Union Government or the States transgress their limits the
functioning of government will become difficult. Only a Supreme Court can settle the disputes between the Government of India and States.
Interpretation of the Laws is the Peculiar Function of the Courts:
The Constitutional law has many problems of interpretation. The
Legislature does not possess the acumen and impartiality which are needed to explain what the law means. This function can be best performed by a judicial body alone.
The Court is the Protector of the Rights of Citizens:
Restrictions can be imposed on the rights of the citizens in the
interest of security of the State and also in public interest. The Court alone can decide whether or not those restrictions are reasonable. The Supreme Court may say to other branches of government: “this far and no further.”
The Supreme Court Adapted the Constitution to Changes in
Society:
The Court played an important role in adapting the Constitution to
changes in society. The judges have very often pronounced radical judgement, keeping in view the vast socio-economic inequalities in society.
In May 1995, the Supreme Court reminded the Government of its
Constitutional duty “to secure for the citizens a uniform civil code throughout the territory of India.” There was “no necessary connection between religion and personal law in a civilized society”, said Justice Kuldip Singh in his judgement. Speedy and Economical Justice:
Some new ideas and programmes have recently been introduced
in the country, e.g. legal aid, social action, litigation and Lok Adalats. Not only the person aggrieved by a wrong, but any member of the public can now initiate a proceeding on behalf of the aggrieved person in either the High Court or the Supreme Court for enforcement of Constitutional rights.
Under the new arrangements a destitute citizen can file a writ
petition even through a simple letter written on a postcard. Cognizance of public litigation cases by the Supreme Court has added a new dimension to its role.