All about forensic review in India
The author has explained the meaning of the term “judicial review” in India. For the analysis, the author also used various legal provisions and precedents.
The Constitution of India gave the judiciary the duty to interpret and uphold the Constitution. There is an inherent power to judge the constitutionality of legislative and executive measures. This is known as the Doctrine of Judicial Review. Judicial review is the reason for maintaining control and balance in governance. Hence the judiciary is called the guardian of the constitution.
Judicial review is a process This gives the judiciary the power to review the actions of the legislature and the executive. Blacks Law Dictionary defines judicial review as “the power of a court to review the actions of other branches or levels of government; in particular the power of the court to declare legislative and executive measures unconstitutional. ”
This teaching originally comes from the United States of America. Marbury v Madison was the first case to introduce this doctrine.
Judicial review authority
- The law is defined in Article 13 (3) of the Constitution. Everything that falls under the same is subject to judicial review.
- The powers of the judiciary are limited not only to the Supreme Court, but also to the Supreme Court. However, the decision of the High Court can be reviewed by the Supreme Court.
- Even the 9th timetable of the Constitution is subject to judicial review if they violate the basic structure of the Constitution. This was mentioned in the case of IR Coelho (Dead) by Lrs v State of Tamil Nadu & Ors.
- The judiciary alone cannot review the actions of the legislature or the executive or subordinate courts. Only if the actions of the above-mentioned bodies are first questioned can they review them. This can be done through Article 32, Article 226, or Article 136 of the Constitution.
- Only legal issues are subject to judicial review.
- When the court declares a law unconstitutionalthey have to justify that too.
Forensic Review Milestone Cases in India
- In Shankari Prasad v Union of India, the petitioner challenged the constitutionality of the 1951 Constitutional Law (first amendment). The court ruled that Article 368 amendments could not fall within the scope of the law under Article 13 (3) of the Constitution . Therefore, they found the first amending law of 1951 to be constitutionally valid.
- In the case of Sajjan Singh v. Rajasthan State, the constitutionality of the Constitutional Law (Seventeenth Amendment) of 1964 has been questioned. The court upheld Shankari Prasad’s decision against Union of India.
- In the AK Gopalan v. Madras State case, the court ruled that judicial review should follow the principle of “procedure established by law”.
- 1967 became the Supreme Court in the case of IC Golak Nath And Ors. vs State of Punjab and Anr. suspended the Shankari Prasad and Sajjan Singh cases. This judgment emphasized that amendments made under Article 368 fall within the scope of the law under Article 13 of the Constitution.
- In the Kesavananda Bharati v. Kerala State, the court overruled the Golak Nath case and found that Parliament cannot use its powers under Article 368 to change the basic structure of the constitution.
- In the Minerva Mills v Union of India case, the court ruled that judicial review is part of the basic structure of the constitution
- The Supreme Court in the case of IR Coelho (Dead) by Lrs v State of Tamil Nadu & Ors. Has ruled that laws incorporated into the 9th Schedule of the Constitution through amendments made after April 24, 1973, may be amended if they violate the law Basic structure of the constitution.
The judiciary is an independent body that acts as the protector of the constitution. Judicial review is an important feature in India as it keeps the actions of lawmakers and the executive in check. No government organ could function properly without judicial review. The constitution is the supreme law of the country, and the judiciary, as its protector, ensures that no other organs violate it.