“Judicial review is critical for maintaining the balance between the legislature and the executive. Discuss with reference to recent judgments of the Supreme Court.”

Judicial Review in Indian Constitutional Framework

Judicial review guarantees that all legislative and executive activities stay within the bounds of the constitution. It was confirmed as a component of the fundamental structure concept in Kesavananda Bharati (1973). Courts have the authority to overturn unconstitutional laws and defend basic rights under Articles 13, 32, 131–136, and 226. Judicial review is a fundamental component of constitutional democracy in India, not just a procedural safeguard.

Judicial Interventions and Recent Judgments

Judicial review has been employed by the Supreme Court to increase accountability and extend rights. Triple talaq was declared unconstitutional in the 2017 case of Shayara Bano v. Union of India. The rights of the LGBTQ+ community were advanced when Section 377 was decriminalised in Navtej Singh Johar v. Union of India (2018). By invalidating the 99th Constitutional Amendment in the NJAC ruling (2015), the Court upheld judicial independence. However, the Court demonstrated prudence in matters like the Rafale deal review, highlighting the boundaries of judicial review in policymaking.

Balancing the Legislature and the Executive

The judiciary has ensured accountability by acting as a check on the executive and legislative branches through these interventions. Judicial review has strengthened minority protection, federalism, and the separation of powers. Concerns over judicial overreach, where courts run the risk of intruding into policy areas designated for elected institutions, are raised by the growth of judicial activism, especially through PILs.

Critical Perspectives

Judicial review is strong because it protects citizens’ rights and upholds constitutional morality. However, overzealous judicial meddling can erode democratic legitimacy and even impede policymaking. PIL abuse has been cautioned against by the judiciary itself. Judicial restraint, which guarantees that intervention only takes place when governance failures endanger rights and constitutional order, is hence the key to maintaining equilibrium.

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About the Author: Jyoti Verma