Friday, August 22, 2008

JUDICIAL REVIEW IN INDIA

The constitution of India is the longest written constitution in the world. It took 2 years 11 months and 17 days to frame by the lawmakers of our country. Constitution is not to be constructed as a mere law, but as the machinery by which laws made. It is like a machine, which governs our whole of India and provides them a good, peaceful and prosperous life. Law is just like norms of the society, which society made for it to live in certain areas. It is very complex process to make, implement and execute the laws. The constitution of India provides separate organs to perform these functions. The LEGISLATURE, the EXECUTIVE and the JUDICIARY, three of them have different functions. The legislature has to make the laws, the executives execute the laws and the judiciary is for interpretation of these laws. All of them are independent from each other and their different work., but the judiciary is having special power or rights over the legislature and the executives. This special power is called as judicial review.
Judicial review is the power of the judiciary to annul the acts of the executives or the legislatives where it finds them incompatible with higher norms. Judicial review in India comprises of three aspects: judicial review of legislation action, judicial review of judicial decision and judicial review of administrative action. The judges of the superior courts have been entrusted with the task of upholding the constitution and have been conferred the power to interpret it. It is they who hav to ensure that the balance of power envisaged by the constitution is maintained and that the legislature and executive do not, in the discharge of functions, overdue constitutional limitation.
Judicial review is the basic feature of the Indian constitution and therefore it cannot be damaged or destroyed by amending the constitution, under article 368 of the constitution.
Judicial review is an example of the functioning of separation of power in a modern legal system. It is made the duty of the judiciary to see that each keeps within its sphere, and if any of them gets out its legitimate sphere to put back into its proper place.

HAPPY READING,
From,
Mohammed Farhan khan

4 comments:

MOHAMMED FARHAN KHAN said...

Hello friends,
this article is from the field of law ....but i wrote this article in a very simple way ....that everybody can understand it .....so read it carefully ...so that u will knw about our constitution.....
enjoy reading ...

Anand Prakash Mishra said...

Nice blog, Farhan!

Try to read as much as you before writing on any topic of law like judicial review.. This will bring sharpness and clarity in views..

Good efforts, keep it up,
Take care.
Anand

RITIKA said...

nice blog

it seems that u hav tried to gathered a lot of information from different sources......drafting of data is impresive ......legal topics need a bit more explaintion.....why don't u try for judicial activism.......looking forward for more intresting topics

keep it up........

MOHAMMED FARHAN KHAN said...

thanks anand sir ....and ritika ....for giving me such a nice suggestion .....thank u a lot .....