Judicial Review Protecting The Spirit Of The Constitution
Judicial Review Protecting The Spirit Of The Constitution Article 13 aids the court and citizens to keep the power of the legislature under the survivals Article 13 describes the means for judicial review it enjoys a duty on the state to respect and implement the fundamental right and at the same time Article 13 confers the power on the code to declare a law or act as a void if it infringes the fundamental right that judiciary place an important role as a protector of the guardian of the fundamental right the primary responsibility of the implementation of the rule of law lies within the judiciary that purpose of judicial review is to ensure that democracy is inclusive and there is accountability for those who are in power. The Constitution of India has guaranteed the power to the Supreme Court and High Court of judicial review to protect the spirit of the Constitution which means fundamental rights the legislative bodies have the law-making power but judicial bodies have the power to review laws whether they violate the basic principle of the fundamental right to protect the fundamental right Supreme Court and High Court design with the power of judicial review. Introduction Law plays a very crucial role in today’s society we the people of India have given up on our rights and entered into a contract with the Government of India in which the government gave us protection against the wrongdoing of the society this is also known as social contract theory which was propounded by Hobbes. To protect the law from getting miss used by arbitrary power and to keep the check and balance on the power of each government the doctrine of judicial review was adopted by the US Constitution doctrine of judicial review first time was used in the Marbury v/s Madison case in the USA in 1803 Through using the instrument of judicial review the court can declare any law as void which goes against the Constitution and its fundamental principle it took a lot of time and patience to fix and feature judicial review in our Constitution judiciary has played an important role concerning judicial review, judicial review can be made in the Constitution amendment legislature action laws made by the legislature. Court has declared judicial review as the basic structure of the Constitution which means it can never be amended or can never be removed. We have three organs of government in our society legislature executive and judiciary legislature makes the law executive implements and executes the law and the judiciary keeps checks on both of the organs but these powers have not been implied in the strict sense. The power of judicial review is vested in articles 1332 131 to 136 143 to 26 145 246 251 254 and 372. History Of The Judicial Review The doctrine of judicial review was laid down in Marbury v. Madison Judicial review was the act that came from the case of Marbury v. Madison in 1803 it was the landmark case of the US Supreme Court which established the principle of judicial review in the U.S. The origin of this case was in 1801 when President John Adams was supposed to leave the presidential house of the US as he lost the election to the upcoming President Thomas Jefferson in 1800 just before 2 days of expiring of his tenure as president in March 1801 he appointed several judges who supported his federalist party. But current Secretary of State John Madison was unable to deliver all the commissions of the New judges before Adams’s departure later Jefferson the new President believed that undelivered commissions were void and instructed Madison not to deliver them one of the undelivered commissions was of Williams Marbury was a Maryland businessman and a strong supporter of Adam when Madison continuously refused to deliver his commission, the Marbury Supreme Court filed a writ petition under the mandamus asking the court to force Madison to deliver his commission. The later court refused to entertain the plea and opposed the order of legislature this is when the use Supreme Court struck down the doctrine of judicial review. What can be obtained by maintaining the principles of judicial review? The supremacy of the Constitution is maintained The Constitution is supreme and the law of the land it is important to maintain its dignity and to check that any law any act does not hear or violet the authenticity of the Constitution judicial review keeps check and balance on the power of the legislature and does not allow them to make any law which can violate the spirit of the Constitution. Federal Equilibrium State and union have been allotted different sectors to make law in their list but whenever there is a conflict arising between the union and State judicial review handles the dispute to solve the problem arising between both union and State this way judicial review maintains the federal equilibrium between the government. protection of Fundamental rights. The major role of judicial review was to protect the fundamental rights that were provided to the citizens of India due to the protection of judicial review no law can touch Independence of judiciary Judiciary is the one of the main organs of society if the judiciary does not work independently, it will not be able to deliver fair and just justice to the victims so the judicial review does not allow the legislature or the executive to interfere in the work of the judiciary. Intercepting the misuse of With so much power legislature and executive can perform certain activities which are not valid in the Constitution so to protect the misuse of the power of the executive and legislature judicial review plays an important role. Features of Judicial Review Judicial review power can be exercised by both the Supreme Court and High Courts Under Article 226 of the Constitution, a person can approach the High Court if his fundamental right is violated or any legal…
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