Principles of Judicial Review in a Social Welfare Country

  • Snigdha Sood
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  • Snigdha Sood

    Advocate at Punjab and Hayana High Court, Chandigarh, India

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The law has a significant role in contemporary society. People gave up their rights and entered into a contract with the government in exchange for protection against wrongdoing. This is known as Hobbes's Social Contract Theory. In this phase of Rule of Law, law without justice can become arbitrary and be abused. In order to maintain a check and balance on the authority of each branch of government, we have implemented Judicial Review. Judicial review is the procedure through which the court considers unconstitutional any statute that violates the constitution. We have accepted this provision from the United States Constitution. However, it took several years to amend this aspect of our constitution. In this sense, the judiciary has played an essential role. Judicial Review is applicable to Constitutional Amendments, Legislative Actions, and Legislative Laws. In this research paper, Indian case law will be used to examine the origins, development, characteristics, and kinds of judicial review. There are three branches of government in India: The Legislature, the Executive, and the Judiciary. The Legislature is responsible for enacting laws, the Executive for their execution/implementation, and the Judiciary for ensuring that the laws enacted and executed do not violate the Indian Constitution. Separation of Power is a component of our constitution that ensures these organs operate within their prescribed boundaries. Article 50 of the Indian Constitution addresses the separation of powers. As a defender of the founding fathers' constitutional ideals, the Judiciary performs a crucial role. They attempt to reverse the damage caused by the legislative and the administration, as well as providing every citizen with the protections guaranteed by the Constitution's Directive Principles of State Policy. All of this is feasible because of the authority of judicial review. All of this was not accomplished in a single day; it took fifty years to get to where we are now. If anyone believes that it has been a smooth ride without any obstacles, they are mistaken; the judiciary has had to contend with numerous politicians, technocrats, academicians, attorneys, etc. One of the few significant problems is corruption and the power of criminal contempt. In this paper, I will examine the ups and downs of India's most prestigious institution. The judiciary is primarily responsible for implementing the rule of law, which is the foundation of democracy. This is now a fundamental aspect of every constitution that cannot be changed by the exercise of additional parliamentary powers. It is the purpose of judicial review to guarantee that democracy is inclusive and that those who possess or exercise public authority are held accountable . As Edmund Burke stated, "all individuals in positions of authority should be forcefully and legally impressed with the notion that "they operate in trust" and must answer for their actions to a single master, the people who hold political sovereignty."


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 232 - 240


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