Judicial review is integral to any democratic society, involving courts evaluating the constitutionality of government actions. The limitations on judicial review define the boundaries of the court’s power to scrutinize legislative or executive actions.
The Doctrine of judicial review was established in the case of Marbury v. Madison. This case asserted that American courts possess the authority to invalidate government actions or laws that contravene the constitutional provisions of the American Constitution. Concept of Judicial Review was introduced in the case Marbury v Madison, which established the Doctrine of Judicial Review by saying that American courts have the power to brings down the actions, laws made by the government if that violates the Constitutional Provisions of the American Constitution. The origins of judicial review in India were adopted from the American legal system. This power is embodied in Article 13, 32 and 226 of the Indian constitution.
The power of judicial review was initially affirmed by the Supreme Court in Shankari Prasad v. Union of India (1951 AIR 458, 1952 SCR 89), asserting no constitutional limits on Parliament’s amending power. However, Kesavananda Bharati v. State of Kerala (1973)4SCC225) established limits, safeguarding the Constitution’s basic structure.Though judicial review is a powerful tool, it has constraints. The Apex court in L. Chandra Kumar v. Union of India (1995 AIR 1151, 1995 SCC (1) 400), has made limitations in the power of review judicially provided under the constitution.
– The judiciary avoids getting involved in matters that are considered “political questions.”
– If a policy may be unwise or controversial, the courts won’t interfere unless it is in violation of the constitution. Courts only examine the legality and constitutionality of these policies and don’t review the wisdom of government policy decisions.
– Remedies under Articles 32 and 226 must be sought within a reasonable time, and delays without persuasive reasons lead to the court declining jurisdiction in cases of negligence.
These limitations aim to balance power among government branches and uphold the separation of powers, emphasising the need for equilibrium between judicial review and the responsibilities of other branches.
Done By: Reshma A, 5th year B.Com.,LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
