A Comprehensive Analysis Of Judicial Custodianship With Regard To Judicial Review And Constitutionalism
- IJLLR Journal
- 4 days ago
- 2 min read
Rakshit Aggarwal, LL.M., Gujarat National Law University, Gandhinagar
ABSTRACT
The Constitution of India, a symphony of chalice ideals which dwelled in the mind of our constitutional framers, encompasses civil, political, and economic rights in the form of fundamental rights and is a testament to the nation's aspiration in the form of the Directive principles of state policy. It is a grundnorm that provides consciousness to people. Each limb of the state has its primary functions in the democratic framework, where the constitutional courts play a pivotal role in balancing the powers of executive and legislative actions. The judiciary has an instrument of transformative constitutionalism to monitor and keep checks and balances on the exploitation of power. It envisages the notion of constitutional integrity and gives assurances for judicial independence. Whereas judicial review is a fragment of constitutionalism that forms the essence of the soundness of democratic notions and the decline in authoritarianism. Nonetheless, how extensive this power may be, the judicial body must exercise this power judiciously, adhering to principles of self-restraint and proportionality. This paper delves into the realm of the constitutional courts and how they use judicial review as a means of conserving the nexus and consistency of state actions with the spirit of the Constitution. It examines the philosophy of constitutionalism, the fragmentation of power, and the judiciary's role in ensuring the Rule of Law. The paper analyses the practicability in the implementation of this basic feature in landmark judgments and legal theories to preserve constitutional values and individual rights and, at the same time, seeks to elucidate the nuanced interplay between judicial power and democratic accountability.
Keywords: constitutionalism, constitutional courts, judicial activism, judicial review
