Question

Discuss arguments for Judicial Review.

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

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

Answer 1

Judicial review is the power of the Indian Supreme Court to examine laws and executive actions to ensure they conform to the Constitution.

1. Protection of the Constitution: Judicial review is essential for maintaining the supremacy of the Constitution and has played a commendable role in this regard.
2. Prevention of Misuse of Power: It acts as a safeguard against the arbitrary actions of the legislature and executive, thus ensuring the rule of law.
3. Federal Balance: In a federal setup, it helps maintain equilibrium between the center and the states by acting as an impartial umpire.
4. Judicial Independence: Judicial review strengthens the judiciary, the weakest of the three organs, and ensures its independence.
5. Guardian of Rights: It helps the judiciary uphold the fundamental rights and protects the liberty of individuals.
6. Checks and Balances: This power enables the judiciary to act as a check on the powers of other organs, maintaining constitutional governance.
7. Development of Constitutional Law: Judicial Review contributes to the evolution and development of constitutional interpretation and jurisprudence.

Thus, judicial review plays a vital role in upholding constitutional supremacy, protecting rights, and maintaining balance among the organs of government.