What is Judicial Review?

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Grade Level:

Class 12

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Definition

What is it?

Judicial Review is the power of the Supreme Court and High Courts in India to examine whether laws made by the Parliament or state legislatures, and actions taken by the government, are constitutional. 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 says students cannot wear spectacles in class. If this rule goes against the fundamental right to education or equality (because some students need spectacles to see), then a court could review this rule. If the court finds it unconstitutional, it can cancel the principal's rule.

Worked Example

Step-by-Step

Let's say the Parliament passes a new law: 'The Mobile Data Act'.

1. **Step 1: Law is Passed.** The Parliament makes 'The Mobile Data Act' which states that all citizens must use only a specific government-approved mobile network, and all other networks are banned.
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2. **Step 2: Citizen Files a Case.** A citizen feels this law violates their fundamental right to choose, and their right to equality, as it restricts competition and choice. They file a petition in the High Court or Supreme Court.
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3. **Step 3: Court Examines the Law.** The High Court or Supreme Court carefully compares 'The Mobile Data Act' with the Indian Constitution, especially the Fundamental Rights part.
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4. **Step 4: Court Finds Violation.** The court finds that the Act indeed violates the fundamental right to carry on any occupation, trade or business (for other mobile companies) and the right to equality (as it creates a monopoly). It also restricts consumer choice.
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5. **Step 5: Law Declared Unconstitutional.** The court declares 'The Mobile Data Act' as 'unconstitutional' and invalid. This means the law cannot be enforced.
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**Answer:** The Mobile Data Act is struck down by the court due to Judicial Review, protecting citizens' rights.

Why It Matters

Judicial Review is super important because it acts like a 'check and balance' to ensure no branch of government becomes too powerful. It helps protect the fundamental rights of every Indian citizen, from students to scientists. Lawyers, judges, and policymakers use this concept daily to uphold justice and ensure fair governance, impacting everything from environmental laws to new technology regulations.

Common Mistakes

MISTAKE: Thinking Judicial Review means courts can make new laws. | CORRECTION: Courts cannot make new laws under Judicial Review; they only examine existing laws and government actions against the Constitution.

MISTAKE: Believing Judicial Review only applies to laws made by the central government. | CORRECTION: Judicial Review applies to laws made by both central (Parliament) and state legislatures, as well as actions of the executive branch at all levels.

MISTAKE: Confusing Judicial Review with 'appealing a court decision'. | CORRECTION: Judicial Review is about reviewing the constitutionality of laws/actions, not about appealing a lower court's judgment to a higher court.

Practice Questions

Try It Yourself

QUESTION: Can a state government's order banning all private tuition classes be subjected to Judicial Review? | ANSWER: Yes, it can, if it is challenged for violating fundamental rights like freedom to practice any profession.

QUESTION: If the Parliament passes a law allowing only people above 30 years of age to use social media, which fundamental right might this law violate, leading to Judicial Review? | ANSWER: It might violate the fundamental right to freedom of speech and expression, and possibly the right to equality.

QUESTION: A new policy states that only students who score above 90% in Class 10 can apply for government scholarships, irrespective of their family income or special needs. Explain how Judicial Review might apply here. | ANSWER: A student or group might challenge this policy in court, arguing it violates the fundamental right to equality and equal opportunity, as it creates an unfair barrier without considering other relevant factors. The court would then review the policy against the Constitution.

MCQ

Quick Quiz

Which of the following is the primary purpose of Judicial Review?

To allow courts to create new laws for the country

To ensure that laws and government actions comply with the Constitution

To help the government collect taxes more efficiently

To settle disputes between private citizens only

The Correct Answer Is:

The primary purpose of Judicial Review is to check if laws and government actions are in line with the Constitution. Options A, C, and D describe other functions or incorrect interpretations.

Real World Connection

In the Real World

A real-world example in India is when the Supreme Court reviewed the 'National Judicial Appointments Commission (NJAC) Act'. This law aimed to change how judges are appointed. The Supreme Court, using its power of Judicial Review, found parts of the NJAC Act to be unconstitutional because it felt it compromised the independence of the judiciary. This shows how crucial Judicial Review is in maintaining the balance of power in our democracy.

Key Vocabulary

Key Terms

CONSTITUTION: The supreme law of a country, outlining fundamental principles and rights. | UNCONSTITUTIONAL: Against the rules or principles of the Constitution. | FUNDAMENTAL RIGHTS: Basic human rights guaranteed to citizens by the Constitution. | JUDICIARY: The system of courts that interprets and applies the law. | LEGISLATURE: The body of people with the power to make or amend laws.

What's Next

What to Learn Next

Now that you understand Judicial Review, you should explore 'Fundamental Rights' in the Indian Constitution. Judicial Review often protects these rights, so understanding them will give you a deeper insight into how our justice system works and why it matters to every citizen.