Question

Discuss arguments against Judicial Review.

Discuss the arguments against the judicial review power of the Indian Supreme Court.

Give arguments against the use of the power of Judicial Review.

What are the objections against the system of judicial review?

Answer 1

Arguments Against Judicial Review:

1. Undemocratic Nature: Critics argue that it allows unelected judges to overturn laws made by elected representatives, undermining democracy.
2. Judicial Supremacy: It has turned the judiciary into a “third legislative chamber” with the power to reject laws, enhancing its prestige over other organs.
3. Delays and Inefficiency: Judicial review can cause administrative delays and hinder effective governance.
4. Judicial Tyranny: Decisions often hinge on narrow majorities, sometimes giving a single judge the power to negate laws passed by Parliament.
5. Reversals and Subjectivity: The Supreme Court has reversed its own rulings, highlighting the subjective nature of its judgments.
6. Political Controversy: It can drag the judiciary into political debates, thereby affecting its impartiality and prestige.
7. Strain in Government Functioning: Conflicts between the judiciary and legislature can lead to deadlocks, especially when laws are overturned and Parliament counters through amendments.
8. Conservatism: Judicial interpretations are often legalistic and conservative, potentially obstructing progressive legislation.

Thus, while judicial review is vital for protecting the Constitution, its excessive or unchecked use may challenge democratic functioning and the principle of separation of powers.