The Indian Judiciary As A Bulwark Against Arbitrary State Power
- IJLLR Journal
- Jun 5
- 1 min read
Sansita Chaudhari, IILM University Gurugram
ABSTRACT
In any vibrant democracy, the judiciary is the ultimate guardian of the constitution, upholding the rule of law and protecting individual liberties against potential state excesses. India, as the world's largest democracy, enshrines this principle through an independent judiciary endowed with extensive powers of judicial review. The power to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. This institutional design was premised on the understanding that the Indian constitution is the supreme law of the land while maintaining the federal equilibrium between the State and the Centre. Prominent constitutional provisions like Articles 13, 131, 132, and 133 of the Indian Constitution provide for judicial review. Although the Indian judiciary has largely acted as a bulwark against arbitrary state power through various doctrines and interventions, it faces significant limitations and challenges, particularly from political pressures, impacting its effectiveness in upholding the rule of law. This research paper delves into understanding the theoretical foundations of the judicial review and its challenges.
