Question

Critically evaluate the principles of Judicial Review, with reference to India.

Answer 1

Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive actions. In India, this power is derived from Articles 13, 32, and 226 of the Constitution.

The key principles of judicial review include:

1. Supremacy of the Constitution: All laws must conform to the Constitution; it is the ultimate authority.
2. Doctrine of Severability: If part of a law is unconstitutional, only that part is struck down, not the entire law.
3. Doctrine of Eclipse: A law inconsistent with fundamental rights is not void but becomes inoperative until the inconsistency is removed.
4. Prospective Overruling: Judicial decisions may apply to future cases to prevent disruption in governance.
5. Checks and Balances: Judicial Review maintains the balance of power among the legislature, executive, and judiciary.

Judicial review safeguards fundamental rights and ensures constitutional supremacy. However, it faces criticism for judicial overreach, lack of accountability, and delays in governance. It is essential in a democracy but must be used with restraint.