Position Of Judicial Review In India: A Prospective And Retrospective Analysis Of Judicial Activism
- IJLLR Journal
- Jul 9
- 1 min read
Metraiyee Singh, Symbiosis Law School, Pune
ABSTRACT
The judiciary is the ultimate defender of the constitution. It is the body that acts as a watchdog over the legislative and executive branches of the government, continuously ensuring that they operate within the bounds of the Indian Constitution. If any organ crosses that limit, the judiciary will restore it. India is a constitutional democracy with a strong focus on constitutionalism. The spirit of which safeguards the constitution and peoples’ rights from any arbitrary acts of legislature and executive and for the same the judiciary has embarked on the arduous job of a constitutional watchdog. Progressively, the concept of judicial review developed and it also contributed in keeping an eye on the Judiciary itself. The feature of questioning the judges, courts and its judgments provided the people of the country with a freedom that they initially interpreted to be within the boundaries of judiciary. The only difference is that normal political engagement cuts the wings of the court and prevents them from acting independently. The tension between the court and the executive is not a new phenomenon in India. This paper examines various landmark cases and recent decisions pronounced by the Hon'ble Supreme Court and High Courts and focuses on the following aspects to discuss in detail the origin and evolution of judicial review, as well as the features, criticisms, its application in prospective times, judicial restraints and justification of judicial review in India.
Keywords: Judicial Review, Judiciary, Executive, Legislature, Constitutionalism, Judicial restraint, Constitutional watchdog.
