Introduction
Judicial Review is the power of the judiciary to examine the constitutional validity of legislative enactments and executive orders of both Central and State governments. In India, this power is vested in the Supreme Court under Articles 32 and 136, and in the High Courts under Articles 226 and 227, anchored firmly by Article 13, which mandates that any law inconsistent with or in derogation of Fundamental Rights is void.
Constitutional Foundations of Judicial Review
The Indian Constitution synthesizes the British principle of Parliamentary Sovereignty and the American principle of Judicial Supremacy under the overarching canopy of Constitutional Supremacy. Through judicial review, courts assess whether statutes and administrative actions adhere to constitutional limits.
Importance of Judicial Review in India
- Upholding Constitutional Supremacy: Unlike the UK, where Parliament is sovereign, or the US, with strong judicial supremacy, India adheres to constitutional supremacy. Judicial review prevents arbitrary legislative overreach, as demonstrated in Shreya Singhal v. Union of India (2015), where Section 66A of the Information Technology Act was struck down for violating free speech.
- Evolution of Individual Liberty: Judicial review facilitated the transition of Article 21 from a restrictive interpretation of 'Procedure Established by Law' in A.K. Gopalan v. State of Madras (1950) to the substantive, fair, and just standard of 'Due Process of Law' in Maneka Gandhi v. Union of India (1978).
- Preserving the Federal Balance: It safeguards the division of legislative and executive powers between the Union and the States under the Seventh Schedule. In S.R. Bommai v. Union of India (1994), the Supreme Court subjected the imposition of President's Rule under Article 356 to judicial review, curbing arbitrary central intervention.
- Safeguarding the Basic Structure: Judicial review serves as the ultimate bulwark against abusive constitutional amendments. In L. Chandra Kumar v. Union of India (1997), the Supreme Court reaffirmed that judicial review under Articles 32 and 226 is an integral and indestructible component of the Basic Structure of the Constitution.
- Enforcing Fundamental Rights: Under Article 13(2), the State is prohibited from enacting laws that abridge Fundamental Rights. High Courts and the Supreme Court act as the protectors and guarantors of these rights against state excesses.
Conclusion
While judicial review is indispensable for upholding democracy and the rule of law, the judiciary must balance proactive scrutiny with judicial restraint. Encroachment into policy domains must be avoided to honour the constitutional mandate of separation of powers enshrined in Article 50.