Judicial Review
- The Supreme Court and the High Courts in India are entrusted with the power of judicial review, which extends to adjudicating upon the Constitutionality of legislations as well as the legality of executive action.
- Parliamentary and State legislations which contravened Constitutional requirements have been struck down by Judiciary.
- Judicial review has been extended to review ability of Constitutional amendments by evolving the doctrine of the basic structure of the Constitution according to which a Constitutional amendment which destroys or damages an essential feature of the Constitution, for example secularism, democracy and federalism, would be unconstitutional.
Public Interest Litigation
- Any citizen of India can approach the courts for public case (upon the interest of the public) by filing a petition under
- The Supreme Court by article 32,
- In the High Court under article 226
- In the magistrate court under section 133 of the CRPC.
Judicial activism
- Judicial activism as a dynamic process of judicial outlook in a changing society.
- Arthur Schlesinger Jr. introduced the term judicial activism in 1947, in America in an article titled ‘The Supreme Court; 1947’.
- According to Black’s law dictionary judicial activism is a judicial philosophy which motivates judges to depart from the traditional precedents in favour of new progressive social policies.
Rule of Law
- The colonial regime introduced the English concept of ‘Rule of Law’ in India.
- The three major features of the Rule of Law are
- All are equal before law
- Nobody is above law and
- The same law is applicable to all.
- The Rule of Law ensures ‘equality of all citizens in the judicial process and reduces the scope of nepotism, favouritism, arbitrariness, unhealthy executive interferences in the judicial process.
- Rule of Law provides an effective check to the abuse of authority by executives and administrators.
- The procedural laws and constitutionally guaranteed fundamental rights ensure enforcement of Rule of Law.