Constitution of India, 'The Lifeline of India'. On 26th January 1950, India repelled earlier 'Government of India Act 1935' and adopted own constitution and got status of a Republic nation. India is largest democracy in world. But what does democracy exactly means? According to Abraham Lincoln, "democracy is a government of the people, by the people, and for the people." It is clearly noted that government should work for all citizens of country, and not for selected group or quota. But government includes representatives of people elected from respective constituency. Therefore there is possibility of government can do favour on selective section of society for political profit of ruling party or individual, isn't it? And if this possibility becomes reality, then it would be lethal for our democracy. Then question arised, 'Who will control bias behavior or bias decisions of government?' A mature and deep sound came saying, 'यतो धर्मस्ततो जय:|' means 'Where there is righteousness (dharma), there is victory' and 'The Supreme Court of India' came in light. Supreme court of India is also known as 'Guardian of Constitution'.
Constitution has 3 wings- Executive, Legislative, Judiciary. Executive includes all constitutional posts like President, Vice President, Prime minister. Legislative includes Parliament (both Rajyasabha and Loksabha). Judiciary includes Supreme court, High Courts, District and sessions court etc.
We all are living in developing society and we need new and updated laws to regulate society. Legislation has powers to introduce new laws as per need. But history says legislation had misused this power and suppressed voice of common citizen many times. But on present day due to transparency in judgements, we still believe our judiciary. In ordinary disputes also, we can here 'see you in court'. This showes how the roots of justice are deepened in our society. But unfortunately in late 70's government had encroached fundamental rights of people. Article 19 (Right to freedom), Article 20 (Protection in respect of conviction for offence), Article 21 (Personal Liberty) were also suspended. And that was the time when strong judicial review was needed.
What is Judiacial Review?
Judicial review is a type of court proceeding in which a court reviews the lawfulness of a decision or action made by a public body (Parliament or administration). Judiacial review is a strong tool to keep third eye on the public bodies and check whether their decisions or policies go outside the powers that have been specified in the Constitution. Judicial review thus gave a specific and special tool in the hands of the judges whereby unlawful actions of the legislative and executive could be repealled legally.
Tug of war : Parliament Vs. Judiciary
Government was very much alert at that time because of 'judicial review'. If government introduces new act/law and is encroaching fundamental rights of citizen, then judiciary will not accept it and that act would be null and void. So to protect new acts and amendments in law from judicial scrutiny, parliament carried out 1st amendment in Constitution on 10 May 1951 and introduced 9th schedule. Any act placed in 9th schedule has immunity agaist judiciary, means judiciary cannot review it. So that parliament got one handed power of nation and no any judicial action is to be taken against their decision. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.
Landmark judgement passed by Hon. Supreme Court in Keshvananda Bharati Vs. State of Kerala 1973 case, in that apex court introduced term basic structure doctrine of constitution. Court held that parliament can amend fundamental rights but it should not hamper basic structure of constitution. Further in case of I.R. Coelho (Dead) Vs State Of Tamil Nadu on 11 January, 2007 chief justice of India held that according to sec. 368 parliament can put any law inside the 9th schedule, but any act may be in 9th schedule or not, if found encroaching fundamental rights or damaging basic structure of constitution then it is open for judicial review. Like as name, Supreme court is truly guardian of Constitution.
Judicial review earlier and now:
Some judgements passed by Supreme court earlier established landmark in Indian judiciary.
IC Golaknath Vs. State of Punjab - 1967
Maneka Gandhi Vs. Union of India - 1978
ADM Jabalpur Vs. Shivakant Shukla -1976
Shankari Prasad Vs. Union of India - 1951
Indira Gandhi Vs. Raj Narain - 1975
Kesavananda Bharati Vs. State of Kerala- 1973
Shah Bano’s Case -1985
Shayara Bano Vs. Union Of India - 2017
And more..
These are some cases judged by Supreme court. Encroachment of Fundamental rights, Malpractices in election, Gender equality these were some alleged matters before the court. Whenever Supreme Court had passed the judgement, parliament carried out new amendment in law to overcome judgement. This cold war between parliament and judiciary lasted so long. But since 2007, supreme court guaranteed that fundamental rights of each citizen will be protected legally and no law either from ordinary ordinance or from 9th schedule can deprive fundamental rights.
Why Judicial Review is so important?
India accepted democracy not dictatorship. Our parliament should work for all citizens. Which is benefial to all society, parliament should do that. But sometimes parliament can think that it is supreme power of nation and no one can cross their decisions, then judiciary comes in frame to put control on parliament. Article 32 of Constitution known as 'soul of the Constitution'. Article 32 provides guaranteed remedy on violation of fundamental rights. Citizen can directly file petition in Supreme Court. Guaranteed remedy on fundamental right violation is also a part of judicial review.
Unbiased Judiciary and enforcement agencies is base of any happy, wealthy, and prosperous country. In our culture, justice is placed in God's place. Poor people recognizes judges as 'Maay-baap'. Each and every citizen has confidence and faith in our integrated judiciary. "If government does injustice to me, Hon. Court will listen to me, and court will deliver justice" such faith of each citizen provides energy and unbiasness to judiciary. The balance of powers between Executive, Legislative and Judiciary leads to stable social justice ultimately leads to good governance. Now a days our these pillers are getting stronger day by day.. and one day we will defiantly top list of prosperous nations.
Jai Hind.
- Aditya More
Referances-
1) Courts and Tribunal Judiciary, United Kingdom (www.judiciary.uk)
2) 'Parliamentary Supremacy and Judicial Review' by Anand Nandan - Times of India (15th Sept. 2018)
3) 'Court Vs. Parliament' by Indian Express (www.indianexpress.com)
4) Your Article Library (www.yourarticlelibrary.com)
5) The Indian Kanoon (www.indiankanoon.org)
6) 'Ruling the ninth schedule' by Economic Times - 27th Nov. 2006 (www.economictimes.com)
7) United States Courts (www.uscourts.gov)
We all are living in developing society and we need new and updated laws to regulate society. Legislation has powers to introduce new laws as per need. But history says legislation had misused this power and suppressed voice of common citizen many times. But on present day due to transparency in judgements, we still believe our judiciary. In ordinary disputes also, we can here 'see you in court'. This showes how the roots of justice are deepened in our society. But unfortunately in late 70's government had encroached fundamental rights of people. Article 19 (Right to freedom), Article 20 (Protection in respect of conviction for offence), Article 21 (Personal Liberty) were also suspended. And that was the time when strong judicial review was needed.
What is Judiacial Review?
Judicial review is a type of court proceeding in which a court reviews the lawfulness of a decision or action made by a public body (Parliament or administration). Judiacial review is a strong tool to keep third eye on the public bodies and check whether their decisions or policies go outside the powers that have been specified in the Constitution. Judicial review thus gave a specific and special tool in the hands of the judges whereby unlawful actions of the legislative and executive could be repealled legally.
Tug of war : Parliament Vs. Judiciary
Government was very much alert at that time because of 'judicial review'. If government introduces new act/law and is encroaching fundamental rights of citizen, then judiciary will not accept it and that act would be null and void. So to protect new acts and amendments in law from judicial scrutiny, parliament carried out 1st amendment in Constitution on 10 May 1951 and introduced 9th schedule. Any act placed in 9th schedule has immunity agaist judiciary, means judiciary cannot review it. So that parliament got one handed power of nation and no any judicial action is to be taken against their decision. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.
Landmark judgement passed by Hon. Supreme Court in Keshvananda Bharati Vs. State of Kerala 1973 case, in that apex court introduced term basic structure doctrine of constitution. Court held that parliament can amend fundamental rights but it should not hamper basic structure of constitution. Further in case of I.R. Coelho (Dead) Vs State Of Tamil Nadu on 11 January, 2007 chief justice of India held that according to sec. 368 parliament can put any law inside the 9th schedule, but any act may be in 9th schedule or not, if found encroaching fundamental rights or damaging basic structure of constitution then it is open for judicial review. Like as name, Supreme court is truly guardian of Constitution.
Judicial review earlier and now:
Some judgements passed by Supreme court earlier established landmark in Indian judiciary.
IC Golaknath Vs. State of Punjab - 1967
Maneka Gandhi Vs. Union of India - 1978
ADM Jabalpur Vs. Shivakant Shukla -1976
Shankari Prasad Vs. Union of India - 1951
Indira Gandhi Vs. Raj Narain - 1975
Kesavananda Bharati Vs. State of Kerala- 1973
Shah Bano’s Case -1985
Shayara Bano Vs. Union Of India - 2017
And more..
These are some cases judged by Supreme court. Encroachment of Fundamental rights, Malpractices in election, Gender equality these were some alleged matters before the court. Whenever Supreme Court had passed the judgement, parliament carried out new amendment in law to overcome judgement. This cold war between parliament and judiciary lasted so long. But since 2007, supreme court guaranteed that fundamental rights of each citizen will be protected legally and no law either from ordinary ordinance or from 9th schedule can deprive fundamental rights.
Why Judicial Review is so important?
India accepted democracy not dictatorship. Our parliament should work for all citizens. Which is benefial to all society, parliament should do that. But sometimes parliament can think that it is supreme power of nation and no one can cross their decisions, then judiciary comes in frame to put control on parliament. Article 32 of Constitution known as 'soul of the Constitution'. Article 32 provides guaranteed remedy on violation of fundamental rights. Citizen can directly file petition in Supreme Court. Guaranteed remedy on fundamental right violation is also a part of judicial review.
Unbiased Judiciary and enforcement agencies is base of any happy, wealthy, and prosperous country. In our culture, justice is placed in God's place. Poor people recognizes judges as 'Maay-baap'. Each and every citizen has confidence and faith in our integrated judiciary. "If government does injustice to me, Hon. Court will listen to me, and court will deliver justice" such faith of each citizen provides energy and unbiasness to judiciary. The balance of powers between Executive, Legislative and Judiciary leads to stable social justice ultimately leads to good governance. Now a days our these pillers are getting stronger day by day.. and one day we will defiantly top list of prosperous nations.
Jai Hind.
- Aditya More
Referances-
1) Courts and Tribunal Judiciary, United Kingdom (www.judiciary.uk)
2) 'Parliamentary Supremacy and Judicial Review' by Anand Nandan - Times of India (15th Sept. 2018)
3) 'Court Vs. Parliament' by Indian Express (www.indianexpress.com)
4) Your Article Library (www.yourarticlelibrary.com)
5) The Indian Kanoon (www.indiankanoon.org)
6) 'Ruling the ninth schedule' by Economic Times - 27th Nov. 2006 (www.economictimes.com)
7) United States Courts (www.uscourts.gov)
8) Indian Polity (5th edition) by M. Laxmikant
Aditya its really great, All the best
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