Abstract:
The power of judicial review, allowing the judiciary to declare a law unconstitutional, is a vital aspect of constitutional democracies. This article explores the legal framework surrounding the judiciary's authority to invalidate laws and the constraints that shape this power. Key limitations include the separation of powers, the requirement for a case or controversy, the concept of justiciability and political questions, the presumption of constitutionality, and the limited remedies available to the judiciary. Understanding these legal constraints is essential to comprehending the delicate balance between upholding individual rights and respecting the roles of the other branches of government in a democratic system.
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Introduction
Through the power of judicial review, modern
constitutional democracies are fundamentally based on the judiciary's ability
to declare a law unconstitutional. This authority maintains the power balance
among the various branches of government, protects individual rights, and
prevents abuse of power. However, the law restricts the judiciary's authority
to declare laws invalid. This article examines the legal framework for the
judiciary's authority to declare a law unconstitutional. Under the Basic
Structure Doctrine, established by the Indian Supreme Court in the landmark
case of Kesavananda Bharati v. State of Kerala (1973), certain essential
features of the Constitution are considered beyond the amending power of the
legislature. The judicial branch has the authority to overturn Constitutional
amendments that violate fundamental principles like democracy, secularism, and
federalism. The fundamental principles of the Indian Constitution are
safeguarded from being arbitrarily altered by this restriction.
Separation of Powers
The separation of powers, which divides government responsibilities into three distinct branches, is a fundamental principle of democratic systems, including India's. the government's executive, legislative, and judicial branches. As part of a balanced governance system, each branch is given distinct responsibilities to avoid power fixation in any one branch. Although it is not explicitly mentioned in the Indian Constitution, a number of arrangements suggest a division of powers. The Indian Constitution grants legislative authority to the Parliament, executive authority to the President and Council of Ministers, and judicial authority to the Supreme Court and other subordinate courts.
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Both the Rajya Sabha, which is also known as the
Council of States, and the Lok Sabha, which is also known as the House of the
People, vote on legislation. It has the power to pass, amend, and repeal
legislation on a wide range of issues that are within its legislative
jurisdiction. The legislature also plays a crucial role in scrutinizing the
actions of the executive branch through question hour, debates, and
discussions.
The President leads the executive branch, which is in
charge of exercising governance powers. The President is the constitutional
head of state and performs ceremonial duties. The Council of Ministers, which
is led by the Prime Minister, holds the actual executive power. The executive
branch is responsible for enforcing laws, formulating policies, and managing
the country's affairs.
Interpretation and enforcement of the law are the
responsibilities of the Indian judiciary, which is led by the Supreme Court of
India. It guards the Constitution and protects individual rights and liberties.
The judiciary's primary responsibilities are dispute adjudication, conflict
resolution, and legal remedy provision. It has the authority to declare
unconstitutional any laws or executive actions that violate the Constitution because
it conducts judicial review.
There are numerous essential purposes served by the separation of powers. First, it prevents any one government branch from abusing its power. It ensures that no authority grows too large or acts without being scrutinized. Second, by granting each branch the authority to examine and limit the powers of the others, it encourages a system of checks and balances. This helps to maintain accountability and prevents any branch from exceeding its constitutional authority. There are times when the branches overlap and interact, despite the importance of power separation. The Constitution allows the various branches of government to work together and coordinate in some way to facilitate efficient governance. For instance, legislation cannot be enacted without the President's approval, and the executive branch is authorized to issue executive orders and regulations within the confines of the law.
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Constitutional Supremacy
Constitutional supremacy is a fundamental principle
that establishes the constitution as the highest law of the land. It means that
any law or government action inconsistent with the constitution is invalid. The
power of judicial review allows the courts to strike down laws that violate the
constitution. However, this power does not grant the judiciary unlimited
authority.
Case or Controversy Requirement
In many jurisdictions, including the United States,
there is a requirement that the judiciary can only declare a law
unconstitutional in the context of a specific case or controversy. This means
that a party must have standing—a personal stake or interest—in challenging the
law. The court's role is to resolve legal disputes between parties, rather than
issue advisory opinions on hypothetical scenarios.
The concept of justiciability further limits the
judiciary's power to declare laws unconstitutional. Certain issues, often
referred to as political questions, are considered outside the purview of the
courts. These are matters that the constitution assigns to the other branches
of government or involve political judgment rather than legal interpretation.
For instance, decisions on foreign policy, military action, or impeachment
proceedings are typically regarded as political questions not suitable for
judicial review.
Presumption of Constitutionality
Courts generally begin with a presumption of constitutionality when reviewing laws. This means that a law is presumed to be valid unless proven otherwise. The burden is on the party challenging the law to demonstrate its unconstitutionality. This presumption reflects the principle of deference to the elected branches of government, recognizing that legislatures are democratically accountable and presumed to have acted within their constitutional authority.
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Limited Remedies
When a court declares a law unconstitutional, it
typically provides a remedy tailored to the specific case before it. The court
may strike down the entire law or specific provisions, issue an injunction to
prevent enforcement, or interpret the law in a way that renders it
constitutional. However, the court's power is limited to the particular case
before it, and it cannot render advisory opinions or invalidate laws in the
abstract.
Conclusion
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· Full Name- Saurabh Dwivedi
·
Organisation Name (Institute
Name) - Bharati Vidyapeeth
New Law College Pune
·
Brief Introduction about
author- Currently
Pursuing My Bachelor's Degree In Business Administration And Bachelor Of
Legislative Law (B.B.A LL.B) At Bharati Vidyapeeth New Law College.
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