Question

How is Judicial Review operationalised?

Answer 1

Judicial Review is operationalised through the powers granted to the Supreme Court and High Courts under the Constitution of India. Here’s how it works:

1. Constitutional Provisions:

   • Article 32 empowers the Supreme Court to enforce Fundamental Rights and examine the validity of laws or executive actions.
   • Articles 226 and 227 grant similar powers to High Courts, allowing them to review the constitutionality of both central and state laws and executive decisions.

2. Filing of Petitions: Citizens, groups, or organisations can file petitions in the High Court or Supreme Court if they believe a law or action violates the Constitution or infringes upon Fundamental Rights.

3. Judicial Scrutiny: The court evaluates whether the challenged law or action adheres to constitutional provisions. It interprets the law in light of the Constitution, especially the Fundamental Rights in Part III.

4. Striking Down Unconstitutional Provisions: If the court finds the law or action unconstitutional, it can declare it void. This ensures that only constitutionally valid laws and actions are enforced.

5. Protection of Constitutional Supremacy: Judicial review acts as a check on legislative and executive powers, maintaining the supremacy of the Constitution and protecting individual rights.