JUDICIAL REVIEW

JUDICIAL REVIEW

Subject : Polity

Context : A PIL in Supreme Court has sought that 26 verses of the Quran be declared unconstitutional and non-functional. A look at the limitations of judicial review where a holy book is concerned, various aspects of the petition, the deeper context of the verses flagged by the petitioner, and a previous plea on the Quran.

Concept :

Judicial Review:

• It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
• In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

Concepts of Law:

• Procedure Established by Law: It means that a law enacted by the legislature or the concerned body is valid only if the correct procedure has been followed to the letter.
• Due Process of Law: It is a doctrine that not only checks if there is a law to deprive the life and personal liberty of a person but also ensures that the law is made fair and just.
• India follows Procedure Established by Law.
• It is the power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution.
• Judicial review has two important functions, like, of legitimizing government action and the protection of constitution against any undue encroachment by the gov­ernment.
• Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975).
• Judicial review is also called the interpretational and observer roles of the Indian judiciary.
• Suo Moto cases and the Public Interest Litigation (PIL), with the discontinuation of the principle of Locus Standi, have allowed the judiciary to intervene in many public issues, even when there is no complaint from the aggrieved party.

Types of Judicial Review:

• Reviews of Legislative Actions: This review implies the power to ensure that laws passed by the legislature are in compliance with the provisions of the Constitution.
• Review of Administrative Actions: This is a tool for enforcing constitutional discipline over administrative agencies while exercising their powers.
• Review of Judicial Decisions: This review is used to correct or make any change in previous decisions by the judiciary itself.