Shakti DubeyAIR 1 · CSE 2024 · 282 wordsTheir whole copy
Opening · a definition
"Judicial Review" is not explicitly mentioned in the constitution but supreme court of India derives this power from A-13, A-32, A-142, etc
Constitutional supremacy :- BR Ambedkar has emphasised on supremacy of constitution to :-
Body · points
(1) Ensure Rule of law (2) Avoid any kind of discrimination (3) To uphold the constitutional morality. (4) To ensure this supremacy constitution has provided for strong & independent Judiciary
To ensure constitutional supremacy - Supreme court of India has played a significant Role :- (1) Through a series of judgements
finally culminating into Kesavananda Bharti case, 1973, SC gave the Doctrine of Basic structure to ensure the supremacy of constitution. (2) According the doctrine- The laws made by parliament will be struck down as null & void- if they violate the basic structure (3) Used for deriving its power of Judicial Review. (4) Alongside of A-13, A-32, A-142 Doctrine of Basic structure has been used by SC to ensure the conformation to constitutional laws.
Instances of Judicial Review :- (1) IR Coelho case - SC held that Judicial review is the Basic structure of Indian constitution.
(2) SC has struck down provision of 24th & 25th constitution Amendment act as they were in conflict with constitutional morality
(3) SC has struck down NJAC Act / 99th Amendment Act as null & void because it was not in conformity with Independence of Judiciary
(4) SC has also used this power to progressively interpret the provision of constitution eg:- A21 to uphold the spirit of constitution
Close · a summary
Thus SC of India has ensured the supremacy of constitution & avoided Parliamentary sovereignty as adopted by Britain. Because in India constitution is the source of rights & duties of the citizens