Laxmikanth Summary - Judicial Review - Indian Polity For UPSC CSE PDF Download

12/02/2024, 18:26 Laxmikanth Summary: Judicial Review - Indian Polity for UPSC CSE PDF Download
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Laxmikanth Summary: Judicial Review
Table of contents
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Judicial Review
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Power of Judicial Review
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Constitutional Provisions for Judicial Review
Scope of Judicial Review
Judicial Review of the Ninth Schedule
Conclusions from the Supreme Court Judgment:
In the realm of legal scrutiny, a judge examines the lawfulness of decisions made by public bodies—a process akin to
assessing the journey, not just the destination. Judicial reviews, in essence, delve into the how rather than
the right or wrong of the what.
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Judicial review is the process wherein the judiciary scrutinizes the executive, legislative, or administrative
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government. Through this process, a court can invalidate laws, acts, or governmental actions that contradict a higher
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authority. It acts as a check and balance within the separation of powers, allowing the judiciary to oversee and limit the
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actions
Other of the legislative and executive branches when they overstep their authority. The application and scope of judicial
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review vary between jurisdictions and legal systems.
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Principles of Review
Judicial review ensures that public bodies' actions adhere to the powers granted by legislation.
The principle of ultra vires is a crucial aspect of judicial review, preventing actions beyond authorized powers.
Procedural fairness is a key consideration in judicial decisions made during administrative acts under review.
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Other
PowerOptions
of Judicial Review
In several
Downloadinstances,
this Doc the Supreme Court has underscored the genuine significance of the power of Judicial Review in our
country.
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The court has made specific observations on this matter, emphasizing its authentic importance:-
In India, the Constitution reigns supreme, demanding statutory alignment with its principles for validity.
Judicial review, a pivotal judicial duty, assesses the constitutionality of laws, particularly concerning Fundamental
Rights.
The judiciary acts as a vigilant guardian of these rights, as explicitly outlined in the Constitution.
Every government branch, including the judiciary, derives authority from and operates within constitutional limits.
Judges, entrusted with upholding the Constitution, play a crucial role in maintaining a balance of power.
The inclusion of judicial review provisions in the Constitution reflects the wisdom of the founding fathers.
These provisions support federalism, protect citizens' rights, and adapt the Constitution to changing needs.
Judicial review is an integral part of constitutional interpretation, ensuring a healthy and adaptable legal
framework.

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appeal from any court or tribunal, excluding military tribunals?
a. Article 32
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Report b. Article 131
c. Article 136
d. Article
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Constitutional Provisions for Judicial Review

While the term 'Judicial Review' is not explicitly mentioned in the Constitution, various Articles expressly grant
the power of judicial review to both the Supreme Court and High Courts.
Constitution of India
The following provisions elaborate on this authority :- Join EduRev Infinity

at 40%Rights.
Article 13: Declares null and void any laws inconsistent with or derogatory to Fundamental off
Article 32: Ensures the right to approach the Supreme Court for Fundamental Rights enforcement,
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power to issue directions, orders, or writs.
Article 131: Grants the Supreme Court original jurisdiction in center-state and inter-state disputes.
Article 132: Provides the Supreme Court's appellate jurisdiction in constitutional cases.
OtherArticle
Options133: Outlines the Supreme Court's appellate jurisdiction in civil cases.
Article 134: Specifies the Supreme Court's appellate jurisdiction in criminal cases.
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Article 134-A: Addresses the certification for appeal to the Supreme Court from High Courts.
Article 135: Empowers the Supreme Court with the jurisdiction and powers of the former Federal Court under pre-
constitution laws.
Article
Test 136: Authorizes the Supreme Court to grant special leave to appeal from any court or tribunal, excluding
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military tribunals.
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Article 143: Allows the President to seek the Supreme Court's opinion on legal questions and pre-constitution
matters.
Article 226: Grants High Courts the authority to issue directions, orders, or writs for Fundamental Rights
enforcement and other purposes.
Article 227: Provides High Courts with the power of superintendence over all courts and tribunals within their
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territorial jurisdictions, excluding military courts.
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Article 245: Addresses the territorial extent of laws by Parliament and State Legislatures.
Scan the QR code to
Article
for best 246: Deals with the subject matter of laws by Parliament and State Legislatures (Union List, State List, and
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Concurrent List).
Articles 251 and 254: Resolve conflicts between central and state laws, giving precedence to central laws.
Article 372: Deals with the continuation of pre-constitution laws.
Try yourself: What is the purpose of judicial review?
a. To scrutinize the actions of the judiciary
b. To invalidate laws that contradict a higher authority
c. To enforce procedural fairness in administrative acts
d. To maintain a balance of power among government branches
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Also read: Laxmikanth: Summary of Public Interest Litigation

Scope
Other of Judicial Review
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The constitutional
Download this Doc validity of a legislative enactment or executive order can be contested in the Supreme Court or High
Courts based on three grounds:-
(a) Violation of Fundamental Rights (Part III),
(b)Test this topicthe authority of the framing authority, and

Exceeding
(c) Conflict with constitutional provisions.

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Expanding Judicial Review

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Expanding Judicial Review
The scope of judicial review in India is narrower than in the USA.

The American Constitution, while not explicitly mentioning judicial review, relies on 'due process of law.'
The Indian Constitution emphasizes 'procedure established by law' rather than 'due process of law.'
'Due process of law' in the USA grants the Supreme Court broad authority, allowing it to declare laws void on both
substantive and procedural grounds.
In India, the Supreme Court focuses solely on the substantive question of whether a law falls within the authority's
powers.
The Indian Supreme Court does not assess the reasonableness, suitability, or policy implications of a law during the
judicial review process.

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a. To scrutinize the actions of the legislative branch
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b. To invalidate laws that contradict a higher authority
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c. To oversee and limit the actions of the judiciary

d. To maintain a balance of power within the executive branch

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The Ninth Schedule comprises a compilation of central and state laws immune to legal Limited
challenges, document? through
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the enactment of the Constitution (First Amendment) Act in 1951.

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Reviewing Ninth Schedule Judicially
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Article 31-B Protection
UpgradeShields acts and regulations in the Ninth Schedule from challenges based on Fundamental Rights violations.
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Added by the 1st Constitutional Amendment Act of 1951.
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Originally had 13 items in 1951, now comprises 282.
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code legislature
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Kesavananda Bharati Case (1973)
Ruled that acts in the Ninth Schedule are challengeable if they violate the basic structure of the constitution.
Waman Rao Case (1989)

Clarified that acts added after April 24, 1973, are valid if they don't harm the basic structure.
I.R. Coelho Case (2007)

Reaffirmed that laws in the Ninth Schedule are not immune to judicial review.
Emphasized judicial review as a constitutional 'basic feature.'
Laws added after April 24, 1973, can be challenged in court if they violate Fundamental Rights or the basic
structure of the constitution.

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a. Laws in the Ninth Schedule added before April 24, 1973.
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b. Laws in the Ninth Schedule added after April 24, 1973.
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c. Laws affecting rights in Part III.

d. All laws included in the Constitution.

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Also read: Laxmikanth: Summary of Public Interest Litigation
Conclusions from the Supreme Court Judgment:

1. Validation of Laws in Ninth Schedule
A law affecting rights in Part III may or may not violate the basic structure.
Judicial review is invoked to invalidate such laws, considering the direct impact and effect.
2. Individual Assessment of Constitutional Amendments

Each new constitutional amendment, following Kesavananda Bharati and Indira Gandhi cases, requires
individual scrutiny.
The actual impact on rights in Part III determines its validity.
3. Testing Amendments Post-April 24, 1973

Amendments to the Constitution post-April 24, 1973, affecting the Ninth Schedule, must be tested against the
Constitution's basic features.
Even if added by an amendment, laws can be challenged if they damage the basic structure.
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Supreme Court of India

4. Justification for Constitutional Protection

Protection for laws in the Ninth Schedule through Constitutional Amendments requires constitutional adjudication.
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Assessment includes considering the nature and extent of Fundamental Right infringement, applying the "rights test"
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5. Limitations
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If the Court has upheld the validity of a Ninth Schedule law previously, it cannot be challenged again based on the
principles declared in this judgment.
However, laws violating Part III rights added post-April 24, 1973, are subject to challenge for damaging the basic
structure.
6. Immunity for Finalized Actions

Actions and transactions resulting from the impugned Acts are not open to challenge.
Try yourself: How many acts and regulations were omitted from the Ninth Schedule by the Forty-Fourth
Amendment (1978)?
a. 2
b. 3
c. 4
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The number
Other of acts and regulations included in the Ninth Schedule before and after April 24, 1973 are clear from the
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following image:-
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Note: Entries 87, 92, and 130 have been omitted by the Forty-Fourth Amendment (1978).
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FAQs on Laxmikanth Summary: Judicial Review
1. What is judicial review?
Ans. Judicial review is the power of the courts to review and determine the constitutionality of laws, acts, or governmental
actions. It allows the judiciary to interpret and apply the Constitution, ensuring that the actions of the legislative and executive
branches are in accordance with the principles and provisions of the Constitution.
2. What is the power of judicial review?
3. What are the constitutional provisions for judicial review?
4. What is the scope of judicial review?
5. What is the judicial review of the Ninth Schedule?

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Scope of Judicial Review

Judicial Review of the Ninth Schedule

Conclusions from the Supreme Court Judgment:

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a. To create new laws and acts

b. To scrutinize the actions of the government

c. To enforce separation of powers Join EduRev Infinity

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Report b. Article 131

Constitutional Provisions for Judicial Review

The following provisions elaborate on this authority :- Join EduRev Infinity

Try yourself: What is the purpose of judicial review?

a. To scrutinize the actions of the judiciary

b. To invalidate laws that contradict a higher authority

c. To enforce procedural fairness in administrative acts

d. To maintain a balance of power among government branches

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(b)Test this topicthe authority of the framing authority, and

(c) Conflict with constitutional provisions.

Expanding Judicial Review

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Expanding Judicial Review

The scope of judicial review in India is narrower than in the USA.

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c. To oversee and limit the actions of the judiciary

d. To maintain a balance of power within the executive branch

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Added by the 1st Constitutional Amendment Act of 1951.

Waman Rao Case (1989)

I.R. Coelho Case (2007)

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c. Laws affecting rights in Part III.

d. All laws included in the Constitution.