JUDICIAL REVIEW CASES IN INDIA
Author:- NISTHA MISHRA, a Student of AMITY UNIVERSITY, LUCKNOW CAMPUS
INTRODUCTION
In today's culture, the law is significant. People made a deal with the government in which they agreed to give up their rights in exchange for safety from wrongdoing. This is referred to as Hobbes' Social Contract Theory. In this stage of the rule of law, the law might be arbitrary and employed incorrectly if there is no justice. We have therefore further embraced judicial review to maintain a check and balance on the authority of each governmental organ. The procedure through which the court nullifies any law that violates the constitution is known as judicial review. We have incorporated this provision from the US Constitution.
A key component of India's constitutional system is judicial review, which gives the judiciary the authority to judge whether legislation, executive actions, and government decisions are constitutional. This procedure guarantees the sanctity of the Indian Constitution and defends citizens' basic rights. The scope and application of judicial review in India have been redefined by several important judgements that the Indian judiciary has issued over the years. In this article, some of India's most significant judicial review cases are examined.
Keshavananda Bharati Case (1973)
A turning point in India's legal history was the Keshavananda Bharati case. The Supreme Court debated whether Parliament had limitless authority to modify the Constitution in this case. The decision created what is known as the "Basic Structure Doctrine," which states that while the Parliament may amend the Constitution, it may not change its fundamental structure. The fundamental ideas of the Constitution are effectively protected from arbitrary modifications by this approach.
Maneka Gandhi Case (1978)
The Maneka Gandhi case broadened the scope of the constitutionally guaranteed right to personal liberty. Without giving Maneka Gandhi a chance to speak, her passport was seized. According to the Supreme Court, Article 21's "procedure established by law" must be reasonable, equitable, and just. This ruling emphasised that the state could not unilaterally deny people their fundamental rights, emphasising the notion that justice cannot exist without due process.
Minerva Mills Case (1980)
The Supreme Court struggled with the precarious balance between legislative and judicial authority in the Minerva Mills case. Parts of the 42nd Amendment Act that aimed to limit the judiciary's ability to evaluate constitutional amendments were overturned by this decision. The ruling reinforced the idea that no branch of government is superior to the Constitution and underlined the judiciary's function as its defender.
Vishakha Case (1997)
The Vishaka case marked a turning point in the struggle against workplace sexual harassment. As a defender of women's rights, the Supreme Court established rules for dealing with sexual harassment in the workplace. This decision demonstrated how the judiciary can fill statutory loopholes and safeguard people's safety and dignity.
Navtej Singh Johar Case (2018)
The Navtej Singh Johar case represented a significant advancement in respect for individual rights and diversity. The Supreme Court invalidated Section 377 of the Indian Penal Code, decriminalising consenting gay behaviour. This case exemplified the judiciary's dedication to safeguarding the rights of underrepresented groups and making sure that the laws adhere to the ideals of equality and liberty.
CONCLUSION
These, as well as countless other major cases, have helped to shape the development of judicial review in India. The Indian court has constantly shown via its decisions that it is dedicated to respecting the ideals and principles of the Constitution, protecting individual rights, and providing justice for all. These examples demonstrate the crucial role the court plays in upholding the rule of law and defending citizens' rights and liberties in the biggest democracy on earth.
REFERENCES
https://www.foreignaffairs.com/articles/1945-01-01/diplomacy-old-and-new
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