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What is the Power of Review (Indian Judiciary)?
Grade Level:
Class 7
Law, Civic Literacy, Economics, FinTech, Geopolitics, Personal Finance, Indian Governance
Definition
What is it?
The Power of Review in the Indian Judiciary means that courts, especially the Supreme Court and High Courts, can check if a law made by the Parliament or an order passed by the government follows the Indian Constitution. If a law or order goes against the Constitution, the courts can declare it invalid or unconstitutional. This power helps protect the basic rights of citizens.
Simple Example
Quick Example
Imagine your school principal makes a new rule that says students cannot speak their mother tongue even during break time. If this rule goes against the school's own rulebook that promises freedom of expression, then students or parents could challenge it. The school management committee (like a court) would then 'review' the principal's new rule against the school's rulebook.
Worked Example
Step-by-Step
Let's say the Indian Parliament passes a new law. Let's call it the 'New Mobile Data Law'.
1. **Parliament passes 'New Mobile Data Law':** This law says that all citizens can only use 1GB of mobile data per month, even if they pay for more, because the government wants to save bandwidth.
---2. **Citizen feels the law is unfair:** A student named Priya feels this law takes away her freedom to use the internet for her studies and entertainment, which she believes is a basic right.
---3. **Priya approaches the High Court/Supreme Court:** Priya, or a group of citizens, files a case in the court, asking it to check if the 'New Mobile Data Law' is constitutional.
---4. **Court 'reviews' the law:** The judges carefully compare the 'New Mobile Data Law' with different articles (rules) in the Indian Constitution, especially those related to fundamental rights like freedom of speech and expression, which includes access to information.
---5. **Court finds a conflict:** The court might find that restricting mobile data so severely goes against the spirit of fundamental rights guaranteed by the Constitution.
---6. **Court declares law unconstitutional:** The court uses its Power of Review to declare the 'New Mobile Data Law' invalid or unconstitutional. This means the law cannot be enforced.
**Answer:** The 'New Mobile Data Law' is struck down by the court, protecting citizens' rights.
Why It Matters
This power is crucial for upholding the Constitution and protecting the fundamental rights of every Indian citizen. It ensures that no branch of government becomes too powerful. Understanding this helps you grasp how laws are kept fair and just, which is important for careers in law, public administration, and even social work.
Common Mistakes
MISTAKE: Thinking that courts can make new laws using the Power of Review. | CORRECTION: Courts can only check existing laws against the Constitution; they cannot create new laws.
MISTAKE: Believing that only the President or Prime Minister can challenge a law. | CORRECTION: Any citizen, group, or organization can approach the courts if they believe a law violates the Constitution.
MISTAKE: Confusing Power of Review with simply changing a law. | CORRECTION: Review means checking for constitutional validity and declaring it 'void' if invalid, not just making small changes to the law's text.
Practice Questions
Try It Yourself
QUESTION: What is the main purpose of the Power of Review? | ANSWER: To ensure that laws and government orders follow the Indian Constitution.
QUESTION: If the Parliament passes a law that takes away a citizen's right to education, which court is most likely to use its Power of Review to check this law? | ANSWER: The Supreme Court or a High Court.
QUESTION: A state government introduces a new policy that bans all public gatherings, even peaceful ones, for an indefinite period. Explain how the Power of Review could be used in this situation. | ANSWER: Citizens or groups could challenge this policy in the High Court or Supreme Court, arguing it violates the fundamental right to assemble peacefully. The court would then review the policy against the Constitution and could declare it unconstitutional if it finds a violation.
MCQ
Quick Quiz
Which of the following bodies in India primarily exercises the Power of Review?
The Parliament
The President
The Judiciary (Supreme Court and High Courts)
The Election Commission
The Correct Answer Is:
C
The Judiciary, specifically the Supreme Court and High Courts, is vested with the Power of Review to check the constitutionality of laws. Parliament makes laws, the President signs them, and the Election Commission conducts elections.
Real World Connection
In the Real World
The Power of Review is often seen when courts examine laws related to reservation policies, environmental protection, or even changes in citizenship laws. For example, the Supreme Court has often reviewed laws to ensure they don't violate the basic structure of the Constitution, a concept developed through judicial review itself. This ensures that even powerful government actions are kept in check.
Key Vocabulary
Key Terms
JUDICIARY: The system of courts that interprets and applies the law | CONSTITUTION: The supreme law of India, outlining fundamental principles and government powers | UNCONSTITUTIONAL: A law or action that violates the principles or rules of the Constitution | FUNDAMENTAL RIGHTS: Basic human rights guaranteed to citizens by the Indian Constitution | VALID: Legally binding and acceptable
What's Next
What to Learn Next
Now that you understand the Power of Review, you can explore 'Fundamental Rights in India'. Knowing your rights will help you better appreciate why the Power of Review is so important in protecting them!
