POLITY: Supreme Court and Judicial Review

Judicial review is an integral aspect of the democratic system, ensuring the balance of power among the three branches of government. In the context of India, the Supreme Court plays a pivotal role in exercising judicial review, holding the authority to interpret the Constitution and determine the constitutionality of laws and governmental actions.

This article delves into the significance of judicial review, highlighting the role of the Supreme Court in upholding the principles of justice, equality, and constitutional supremacy.

Understanding Judicial Review 

Judicial review refers to the power of the judiciary to examine the actions of the executive and legislative branches of government and determine their conformity to the Constitution. In India, this power is vested primarily in the Supreme Court, which acts as the ultimate interpreter of the Constitution. 

Through judicial review, the Court ensures that the actions of the government do not exceed their constitutional authority and adhere to the fundamental rights and principles enshrined in the Constitution.

Role of the Supreme Court 

  • The Supreme Court of India is the guardian of the Constitution, responsible for protecting individual rights and maintaining the balance of power.
  • It exercises judicial review over legislation, executive actions, and government policies to prevent constitutional violations.
  •  The Court ensures that laws and actions align with principles of justice, equality, and the rule of law.
  • Judicial review extends to administrative decisions and policies, acting as a check on arbitrary executive authority.
  • It promotes transparency, accountability, and good governance in the functioning of the government.

Importance in Safeguarding Democracy 

Judicial review plays a crucial role in safeguarding democracy by maintaining a system of checks and balances. It prevents the concentration of power in any single branch of government and ensures that governmental actions are in harmony with the Constitution. By subjecting laws and actions to constitutional scrutiny, the Supreme Court guards against the potential abuse of power and protects the rights of citizens.

Furthermore, judicial review provides an avenue for the redressal of grievances and protection of fundamental rights. It allows individuals or groups to challenge laws or government actions that violate their constitutional rights. This mechanism strengthens the democratic fabric by providing a forum for the voiceless and marginalised to seek justice and equality.

The Supreme Court’s power of judicial review also acts as a catalyst for social change. Through progressive interpretations of the Constitution, the Court has played a pivotal role in transforming societal norms and advancing the cause of justice. Landmark judgments in areas such as right to privacy, gender equality, and protection of marginalised communities have reshaped the social and legal landscape of the country.

Challenges and Criticisms 

While judicial review is an essential element of democracy, it is not immune to criticisms and challenges. Critics argue that the power of the judiciary to strike down legislation may undermine the democratic will of the elected representatives. Concerns have been raised about judicial overreach and the potential for the judiciary to encroach upon the powers of the executive and legislature.

In a democratic society, the judiciary, especially the Supreme Court, plays a pivotal role in upholding the principles of justice, equality, and constitutional supremacy. 

Judicial review acts as a safeguard against the abuse of power, ensuring that the government remains accountable and adheres to constitutional values. While challenges exist, the critical role of the Supreme Court in interpreting the Constitution and protecting fundamental rights cannot be overstated.

As the custodian of the Constitution, the Court continues to evolve and adapt, maintaining a delicate balance that strengthens the foundations of Indian democracy.

Also Read:- https://www.borthakursiasacademy.com/blog/central-state-council-of-minister/

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