SCHOOL OF EXCELLENCE IN LAW

NAME : MANIBALAN.S

REG. NO : H320068

SUBJECT CODE : H3S7602

SUBJECT : CONSTIUTIONAL LAW – PRACTICAL

PAPER TOPIC : REVIEW OF THE ARTICLE -

‘STATE OF WEST BENGAL V. COMMITTEE

FOR PROTECTION OF DEMOCRATIC RIGHTS -
IS JUDICIAL REVIEW THE INDIAN
JUDICIARY’S TRUMP CARD’

COURSE : 3rd YEAR - L.L.B (HONS) – VI

Semester SECTION : B

STUDENT’s SIGNATURE FACULTY SIGNATURE

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TABLE OF CONTENTS

S.NO. CONTENT PAGE NO.

1 ABSTRACT OF THE ARTICLE 3

2 INTRODUCTION 3

3 REVIEW OF THE ARTICLE 4

4 CONCLUSION 5

5 CITATION 5

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 REVIEW OF THE ARTICLE:

‘STATE OF WEST BENGAL V. COMMITTEE FOR PROTECTION OF DEMOCRATIC RIGHTS -

IS JUDICIAL REVIEW THE INDIAN JUDICIARY’S TRUMP CARD’

- By Radhika Gupta

ABSTRACT OF THE ARTICLE

Can a high court in exercise of its writ jurisdiction direct the CBI to investigate offences alleged to
have taken place within the territorial jurisdiction of a state without the consent of the state government
-this is the legal question that is article considers .analysing the imlications of the decision of the
supreme court in state of west Bengal v. committee for protection of democratic rights on this issue
courts role must be confined to examining whether the state government refusal to order investigation
was arbitrary or not.

INTRODUCTION:

The case of State of West Bengal v. The Committee for Protection of Democratic Rights. presents
challenging questions to Indian Constitutional law jurisprudence with regard to the power of the
judiciary and other organs of the state the Supreme Court held that a High Court can direct the Central
Bureau of Investigation to investigate an offence without the consent of the state government within
whose territorial jurisdiction the petitioner argued relying on the doctrine of separation of powers and
the federal setup envisaged under the Indian Constitution, the Court rebutted the petitioner by using its
power of judicial review. Thus, the case presents an interesting battle between the legislature, executive
and judiciary, bringing the scope of judicial power under examination.

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REVIEW OF THE ARTICLE

The article starts by setting the foundation for discussing judicial review and its
significance in maintaining order and peace in society. Article beautifully explaining without
consent of the state government high court directing the CBI investication.

The author skillfully explains the concept of judicial review through the judicial review
itself being a basic feature, while exercising powers under Articles 32 and 226, the courts are
merely discharging their duties and not violating the federal setup or the separation of powers
doctrine

It traces the origin of judicial review to the American Supreme Court's landmark
judgment in Marbury v. Madison (1803) and also highlights how the concept of judicial review
had its roots in the common laws of England, which provided a basis for challenging laws that
violated fundamental principles.

The article explains the unique position of the Indian Judiciary with respect to judicial
review. It emphasizes that while India adopted a parliamentary system akin to Britain, it also
established a written Constitution with federal distribution of powers and fundamental rights. As
a result, the Indian Judiciary was empowered with the task of reviewing legislative acts to ensure
their conformity with the Constitution. In author's view, though the Judiciary in India is having
some power of judicial review.

In the article, the author discusses the conflicting attitudes of judicial restraint and
judicial activism observed in Indian judicial decisions over time. It highlights the initial trend of
judicial restraint in the early post-independence period, followed by a phase of judicial activism,
particularly after the Golaknath case. The author points out that the Kesavananda Bharti case
reaffirmed the power of judicial review and led to the inclusion of Article 368(4) and (5) in the
42nd Amendment Act, which was later struck down in the Minerva Mills case. According to the
author, during early post-independence period, judicial decisions in India had reflected more
judicial restraint than judicial activism.

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 The article explores the significance of the Kesavananda Bharti case, where the Supreme
Court ruled against the government's attempt to confer unlimited amending power to the
Parliament. The case's outcome reaffirmed the limitations on Parliament's amending power and
established that the basic structure of the Constitution was beyond alteration.

The author concludes by emphasizing the importance of good laws and the role of
judicial review in maintaining the rule of law. It highlights the challenges faced by the Indian
Judiciary due to changing political ideologies and the burden of dispensing justice effectively in
a diverse and dynamic political landscape.

CONCLUSION

Overall, the article presents a well-structured analysis of judicial review in Indian

Constitutional Law. There is no doubt that judicial review is one of the most important aspects of
the Indian Constitution and must be actively used by courts to ensure the protection of the rights
of the people. However, the courts should not rely only on the principle of judicial review to
trump any argument that may be presented before it. In this case, the Court emphasized and
relied a little too much on the concept of judicial review in order to justify its powers of giving
directions to the CBI.

CITATION

Radhika Gupta - ‘STATE OF WEST BENGAL V. COMMITTEE FOR PROTECTION OF

DEMOCRATIC RIGHTS -IS JUDICIAL REVIEW THE INDIAN JUDICIARY’S TRUMP
CARD’[2010] INJIconLaw 8 ,(2010) 4 indian journal.

Attachment

Copy of the Article- ‘STATE OF WEST BENGAL V. COMMITTEE FOR PROTECTION OF

DEMOCRATIC RIGHTS -IS JUDICIAL REVIEW THE INDIAN JUDICIARY’S TRUMP CARD’.