Judicial review is the power of Supreme Court and High Court to declare a law as unconstitutional and void if it is inconsistent with one or more provisions of the constitution to the extent of such inconsistency.
Under this it can examine legislature enactments and their constitutionality.
It can examine the validity of any order of the executive or any law of the legislature.
ADVERTISEMENTS:
It is the Supreme Court to declare what the provisions of the Constitution mean.
The Supreme Court has power to review any judgment or order made by it earlier.
The power of judicial review is more implicit and traceable to Article 82, 226 and also under Article 13.
Image Source: newsinmind.com
1. Based on Three Principles:
ADVERTISEMENTS:
i. Concept of Limited Government.
ii. It maintains harmony with different provisions i.e. if two interpretations of law is possible, one leading to validation of Constitutional provision would prevail.
iii. Ordinarily, the Court shall not interfere with and pronounce the validity of a law until it comes into effect.
2. Objectives:
i. Maintain Supremacy of Constitution.
ADVERTISEMENTS:
ii. Maintain balance between various organs.
iii. Maintain division of power, essential for federation.
3. Public Interest Litigation:
PIL is one of the most potent weapons. The Judiciary, in India has acquired in recent times to enforce legal obligations of executive and legislature.
Its objective is Public good, group interest and not individual interest for which FR is provided. It emanates from the power of judicial review.
The Supreme Court through its various decisions has evolved rules governing Public Interest Litigation.
4. Originated in Australia:
A PIL can be filed up by publicity spirited individual or organisation not directly interested in the case. It is the privilege of the court to entertain or not the application for PIL
i. Has democratized the judiciary.
ii. Supreme Court has vastly expanded the scope of FR by liberally interpreting Art 32, 226.
5. Lok Adalats:
i. First held in 1985.
ii. Given statutory status under Legal Service Authorities Act 1987.
iii. Aims at providing speedy and economical service to poor.
iv. Eliminate delay and speed up clearance of pending cases.
v. Organised by state or district bodies.
vi. Case goes to LA if two parties make joint application.
vii. Given powers of Civil Court.