What is Judicial Review and Why It Matters
Judicial review means courts can examine the constitutionality of laws and government actions.
The term isn’t directly mentioned in the Constitution but is implied from Article 13, which says any law against the Constitution is void.
It is part of the Constitution’s basic structure, helping protect fundamental rights and rule of law.
High Courts (Art. 226) and the Supreme Court (Art. 32) enforce fundamental rights and conduct judicial review.
Judicial Review vs. Judicial Activism
Judicial review is often confused with judicial activism, but both deal with the court's role in ensuring justice and upholding rights.
Judicial activism is when courts go beyond traditional interpretation, often stepping in where other branches fail.
Courts should ideally exercise restraint and avoid interfering in governance.
Article 142 gives the Supreme Court power to ensure “complete justice” — used in cases like Babri Masjid, mob lynching, and failed marriages.
Critics claim courts act like lawmakers, but the court usually exercises restraint and rarely overturns government decisions.
Judiciary vs. Government: Tensions and Trust
Critics argue unelected judges shouldn’t override elected governments, but the Constitution limits majoritarian rule to protect individual rights.
The judiciary’s role is crucial when government actions or laws violate constitutional values or federalism.
The judiciary is often blamed for being pro-government or anti-democratic—but it balances rights with national interest.
Courts have faced backlash for not acting in cases like Pegasus, EVMs, or CAA, but also struck down Electoral Bonds and NJAC.
Balancing Power and Ensuring Accountability
Judicial powers must be used responsibly and fairly, and criticism should avoid personal attacks on judges.
Governors and Presidents are also bound by the Constitution and subject to judicial review.
The court’s recent rulings aim to uphold democracy, prevent misuse of power, and maintain balance among the three branches of government.
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