What is Judicial Review? | Simple Explanation for Class 7

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What is a Judicial Review?

Grade Level:

Class 7

Law, Civic Literacy, Economics, FinTech, Geopolitics, Personal Finance, Indian Governance

Definition

What is it?

Judicial Review is the power of the Supreme Court and High Courts in India to check if laws made by the Parliament or state legislatures, or actions taken by the government, are fair and follow the Constitution of India. If a law or action goes against the Constitution, the courts can declare it invalid or 'unconstitutional'.

Simple Example

Quick Example

Imagine your school principal makes a new rule that only students who score above 90% in Maths can use the school playground. If this rule goes against the school's existing fairness policy that all students have equal access to facilities, some students or parents might complain. A higher authority (like the school board) reviewing this rule to see if it's fair and follows the school's main guidelines is like a mini 'judicial review'.

Worked Example

Step-by-Step

Let's say the government passes a new law: 'All shops must close by 5 PM every day, including Sundays.'
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Step 1: Citizens and shopkeepers feel this law is unfair and goes against their right to earn a livelihood, which is protected by the Constitution.
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Step 2: They approach the High Court or Supreme Court, asking them to review this new law.
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Step 3: The court carefully examines the new law and compares it with the fundamental rights and other rules written in the Indian Constitution.
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Step 4: If the court finds that the new law indeed violates a fundamental right (like the right to practice any profession), it can declare the law 'unconstitutional'.
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Step 5: Once declared unconstitutional, the law becomes invalid and cannot be enforced by the government.
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Answer: The government's law to close shops by 5 PM is struck down, and shops can operate as per previous regulations, upholding constitutional rights.

Why It Matters

Judicial Review is super important because it protects the rights of citizens and ensures that the government always acts within the limits of the Constitution. Understanding this helps you grasp how our democracy works, which is vital for future careers in law, public administration, or even journalism, where you might report on such critical decisions.

Common Mistakes

MISTAKE: Thinking Judicial Review means judges make new laws. | CORRECTION: Judges do not make new laws; they only check if existing laws or government actions follow the Constitution. They interpret, not create.

MISTAKE: Believing Judicial Review is only about punishing wrongdoers. | CORRECTION: While it can declare actions illegal, its primary purpose is to ensure laws and government actions are constitutionally valid, not just to punish individuals.

MISTAKE: Confusing Judicial Review with simple court cases where someone is accused of a crime. | CORRECTION: Judicial Review specifically involves checking the constitutionality of laws or government actions, not typically individual criminal or civil disputes.

Practice Questions

Try It Yourself

QUESTION: Which courts in India have the power of Judicial Review? | ANSWER: The Supreme Court and the High Courts.

QUESTION: If the Parliament makes a law that takes away a citizen's Fundamental Right, what can the Supreme Court do using Judicial Review? | ANSWER: The Supreme Court can declare that law unconstitutional and therefore invalid.

QUESTION: Why is Judicial Review considered a 'check' on the power of the Parliament and the government? Explain in two sentences. | ANSWER: It's a 'check' because it ensures that Parliament and the government cannot make or implement laws that go against the basic structure or fundamental rights guaranteed by the Constitution, thereby limiting their power and preventing misuse.

MCQ

Quick Quiz

What is the main purpose of Judicial Review?

To allow judges to create new laws for the country

To ensure that laws and government actions follow the Constitution

To elect new government officials

To settle disputes between private citizens only

The Correct Answer Is:

The main purpose of Judicial Review is to check if laws and government actions are constitutional. Options A, C, and D describe other functions or are incorrect about the core role of Judicial Review.

Real World Connection

In the Real World

A famous example in India is the 'Kesavananda Bharati case' where the Supreme Court used Judicial Review to establish the 'Basic Structure Doctrine'. This means certain fundamental features of the Constitution (like democracy, secularism) cannot be changed even by Parliament, ensuring the core values of our nation are protected.

Key Vocabulary

Key Terms

CONSTITUTION: The supreme law of a country, outlining its framework and citizens' rights | UNCONSTITUTIONAL: Going against the rules or principles of the Constitution | FUNDAMENTAL RIGHTS: Basic human rights guaranteed to citizens by the Constitution | LEGISLATURE: The body (like Parliament) that makes laws

What's Next

What to Learn Next

Now that you understand Judicial Review, you should learn about 'Fundamental Rights' in the Indian Constitution. This will help you see exactly what the courts are protecting when they exercise their power of Judicial Review, making the concept even clearer!