Judicial Review in India

We all have heard phrases like the rule of law and separation of powers and often get confused. The rule of law means that no one is above the law, and the law is equally applicable to both the government and the citizens. To understand the separation of powers, first, you need to know that there are three organs of the law, i.e., legislative, executive and judiciary. Each organ is endowed with a certain amount of authority, which is equally distributed among them so that no one may interfere with the work of another while also maintaining a check and balance between them. Let us now understand what judicial review is, its provisions and the landmark cases. 

Meaning of Judicial review

The judiciary has the authority to examine the legislative and executive branches' decisions through the process of judicial review. "A court's power to evaluate the activities of other branches or levels of government; specifically, the court's power to nullify legislative and executive actions as being unconstitutional" is how Black's Law Dictionary explains judicial review.

Constitutional Provisions on judicial review

• According to Article 13, laws that violate or interfere with fundamental rights are void and unenforceable.

• The Apex Court has the authority to issue writs, orders, and directives under Article 32

• The Apex Court has original jurisdiction in disputes between the centre-state and other states, according to Article 131.

• In constitutional matters, Article 132 establishes the Supreme Court's appellate jurisdiction.

• The Supreme Court has appellate jurisdiction in civil proceedings, according to Article 133. The Supreme Court has appellate jurisdiction in criminal proceedings, according to Article 134.

• The certification for a high court appeal to the Supreme Court is covered in Article 134-A.

• According to any pre-constitutional statute, the Apex Court is permitted by Article 135 to exercise the federal court's jurisdiction and powers.

• The Apex Court is empowered by Article 136 to grant extraordinary leave to appeal from court or tribunal (except military tribunals and court-martial).

• Article 143 gives the President the right to consult the Supreme Court with any issue of law or fact and any pre-constitutional legal issues.

• The authority to conduct judicial reviews and to issue writs or other directives for the enforcement of fundamental rights is granted to the high courts by Article 226.

• The high courts are given the power to supervise all courts within their respective territorial jurisdictions by Article 227. (Except military courts and tribunals).

• The territorial limits established by the state and federal legislatures are covered in Article 245 of the Constitution.

• The subject area on which Parliament may pass laws and state legislatures is covered in Article 246. (i.e., the Union List, State List, and Concurrent List).

• Where there is a tussle between federal and state laws, Articles 251 and 254 deduce the hegemony of the federal laws. As a result, the state legislature shall be deemed invalid, and the central law shall take precedence.

• The continuation of pre-constitutional laws in force is covered in Article 372.

Grounds

1. Constitutional Amendment - During this stage, all of the authority's constitutional amendments are subject to judicial review. All amendments that violate fundamental rights are considered null and void and are deemed against the Constitution.

2. Illegality – It includes lack of jurisdiction, excess, abuse and failure to exercise jurisdiction.

3. Irrationality - In the following situations, an administrative authority's decision will be deemed irrational:

• It lacks the legal authority of law.

• It is not backed up by evidence.

• It is founded on an irrelevant and unrelated consideration.

• The authorities' choice is so irrational, twisted, random, and unfair that no sane person could come to the same conclusion as them.

• It may be carried out with bad intent or maliciousness because it is unreasonable.

1. Procedural impropriety – a fair procedure needs to be followed in every action, which will include a rule against biasness and rule of fair hearing, 

2. Proportionality - According to the principle of proportionality, the administrative authority shall not take more drastic measures than necessary to achieve the desired result. It's been said that understanding proportionality takes a sledgehammer to crack a nut.

Limitations

• The judiciary cannot independently evaluate the decisions made by the legislature, the executive branch, or the lower courts. They can only evaluate it when the aforementioned organs' activities are contested in front of them. Article 32, 226 or 136 of the Constitution can be used to do this.

• Only legal issues are up for judicial scrutiny.

• A law's unconstitutionality must be justified by the court when it is ruled thus.

Landmark Cases

Conclusion

The judiciary is a separate body that serves as the Constitution's guardian. In India, judicial review is a significant component since it controls the acts of the legislative and government. No branch of the government could function efficiently without judicial oversight. The Constitution is the apex law of the land, and the judiciary is responsible for ensuring that no other institutions violate it.