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What is a Power of Review (Judiciary)?
Grade Level:
Class 7
Law, Civic Literacy, Economics, FinTech, Geopolitics, Personal Finance, Indian Governance
Definition
What is it?
The Power of Review (also called Judicial Review) is the special power of courts, especially the Supreme Court and High Courts in India, to check if laws made by the Parliament or actions taken by the government follow the Constitution. If a law or action goes against the Constitution, the courts can declare it invalid, meaning it cannot be enforced.
Simple Example
Quick Example
Imagine your school principal makes a new rule that says students cannot speak in their mother tongue, even during lunch break. If this rule goes against the fundamental rights given in your school's 'Student Handbook' (like the Constitution), then the Student Council (like the Judiciary) could review the rule and say it's not valid, asking the principal to change it.
Worked Example
Step-by-Step
Let's say the Parliament passes a new law: 'Law X' which states that all shopkeepers must keep their shops open 24 hours a day, 7 days a week, without any breaks.
---1. Citizens feel this law is unfair and goes against their right to work in reasonable conditions and have rest, which is part of their fundamental rights mentioned in the Indian Constitution.
---2. Some affected shopkeepers decide to challenge 'Law X' in the High Court, and if needed, further in the Supreme Court.
---3. The courts carefully examine 'Law X' and compare it with the provisions of the Indian Constitution, especially fundamental rights.
---4. After careful study, the judges find that 'Law X' indeed violates the fundamental right to livelihood and reasonable working conditions guaranteed by the Constitution.
---5. The Supreme Court uses its Power of Review to declare 'Law X' as 'unconstitutional' and 'null and void'.
---6. This means 'Law X' cannot be implemented or enforced by the government. The shopkeepers do not have to keep their shops open 24/7.
ANSWER: The Supreme Court, using its Power of Review, cancelled 'Law X' because it went against the Constitution.
Why It Matters
The Power of Review is super important because it protects the rights of ordinary citizens and ensures that no branch of government becomes too powerful. Understanding this helps you see how laws are kept fair, which is key for careers in law, public administration, and even for informed civic participation to protect your own rights.
Common Mistakes
MISTAKE: Thinking the Judiciary makes new laws through review. | CORRECTION: The Judiciary does not make new laws; it only checks if existing laws or government actions follow the Constitution and can cancel them if they don't.
MISTAKE: Believing the Power of Review is only for the Supreme Court. | CORRECTION: While the Supreme Court is the highest authority, High Courts in states also have the power of judicial review over laws and government actions within their jurisdiction.
MISTAKE: Confusing Judicial Review with 'making changes to the Constitution'. | CORRECTION: Judicial Review is about interpreting the existing Constitution to check laws. Changing the Constitution is a separate process called 'Constitutional Amendment', primarily done by the Parliament.
Practice Questions
Try It Yourself
QUESTION: What is the main purpose of the Judiciary's Power of Review? | ANSWER: To ensure that laws made by the government follow the Constitution and protect citizens' rights.
QUESTION: If the Parliament passes a law that takes away a fundamental right mentioned in the Constitution, what can the Supreme Court do using its Power of Review? | ANSWER: The Supreme Court can declare that law unconstitutional and invalid, meaning it cannot be enforced.
QUESTION: A state government introduces a new policy that bans all private vehicles from certain roads to reduce pollution. If a group of citizens argues this policy unfairly restricts their freedom of movement, which constitutional body would review this policy, and what power would it use? | ANSWER: The High Court of that state (or eventually the Supreme Court) would review this policy using its Power of Review.
MCQ
Quick Quiz
Which of the following is the primary function of the Power of Review by the Judiciary?
To make new laws for the country.
To ensure laws follow the Constitution.
To elect the Prime Minister.
To collect taxes from citizens.
The Correct Answer Is:
B
The primary function of the Power of Review is to check if laws and government actions are in line with the Constitution. Options A, C, and D are responsibilities of other branches of government or different functions.
Real World Connection
In the Real World
You often hear about courts getting involved in big government decisions, like when the Supreme Court reviewed the Aadhaar Act to see if it protected people's privacy, or when High Courts review environmental policies. This is the Power of Review in action, making sure government decisions are fair and constitutional for every Indian citizen.
Key Vocabulary
Key Terms
JUDICIARY: The system of courts that interprets and applies the law | CONSTITUTION: The supreme law of India, outlining fundamental rights and government structure | UNCONSTITUTIONAL: A law or action that goes against the principles of the Constitution | FUNDAMENTAL RIGHTS: Basic human rights guaranteed to all citizens by the Constitution | NULL AND VOID: Having no legal force or effect.
What's Next
What to Learn Next
Now that you understand the Power of Review, you can explore 'Fundamental Rights' in more detail. Knowing your rights will help you better understand why the Judiciary's power to protect them is so important.
