About judicial system and reviews

1. Prepared by Group:13
Srujan S D
Adarsha G C
Chethan C
Thilak kumar

2. Judicial Review
India has an independent Judiciary with
extensive jurisdiction over the acts of
Legislature and Executive. Judicial review
can be defined as the doctrine under which
Legislative and Executive actions are subject
to review by Judiciary. It is generally
considered as a basic structure of
independent judiciary (Indira Gandhi vs.
Rajnarain case).
Judicial Review can be classified into three categories,
1)Reviews of Legislative Actions.
2)Review of judicial Decisions.
3)Review of Administrative Action
Therefore, it is also the duty of judges to ensure that balance of power is
maintained, to protect human rights, Fundamental Rights, and citizens’ rights
of life and liberty

3. •1) Judicial Review of Legislative Actions means the power to ensure that
the law passed by Legislature is in accordance with provisions contained in the
Constitution and in particular Part 3 of the Constitution (Principle of reading
down).
• This principle of reading down means that statutory provisions is generally
read down in order to save such provisions from being declared illegal or
unconstitutional.
The rule of reading down is in itself a rule of harmonious construction in
a different name and generally used to straighten crudities or ironing out
creases to make a statute workable.

4. 2) In case of judicial review of decisions, for instance, when a statute is
challenged on the ground that it has been passed by legislature without
authority or rights, it is for the courts to decide whether the law passed
by the legislature is valid or not.
 Also, no legislature in our country has the power to ask
instrumentalities of the state to disobey or disregard the decision given
by the courts.
•3)Judicial Review of administrative action is a mechanism of enforcing
constitutional discipline over administrative agencies while exercising
their powers.
• Judicial review of judicial actions can be visualized in Golaknath
case, banks nationalization case, privy purses abolition case, Minerva
mills etc.

5. As courts have wide powers of judicial review, these powers have to be
exercised with great caution and control. The limitations of these powers
are:
• It is only permissible to the extent of finding whether the procedure in
reaching the decision has been correctly followed but not the decision itself
• It is delegated to superior courts only, i.e. Supreme Court and High Courts
• Cannot interfere in policy matters and political questions unless absolutely
necessary
• Law once passed may become unconstitutional with passage of the same
with changed situation; this may create vacuum in legal system. Hence, it can
be said that directions given by court would be binding only till legislation is
enacted, i.e. it is temporary in nature
• Can interpret and invalidate a law but it cannot itself make laws

6. However, there are also cases when the Executive has directed the
judiciary to review policies.,
For example:
in Ministry of Health vs. Treatment Action Campaign, the
government itself gave direction to review its policy regarding
distribution of antiretroviral drugs and plan an effective and
comprehensive national programme to prevent mother to child
transmission of HIV.

7. Judicial Activism:
It can be defined as a philosophy of judicial decision
making whereby judges allow their personal views
regarding a public policy instead of constitutionalism.
 A few cases of judicial activism in India are as
follows:
• Golaknath case in which Supreme Court declared that
Fundamental Rights enshrined in Part 3 are immutable and
cannot be amended
• Kesavananda Bharati whereby Supreme Court introduced
doctrine of basic structure, i.e. Parliament has power to amend
without altering basic structure of the Constitution
• SC has assumed a supervisory role in CBI investigation of 2G
scam
• In invoking terror laws against Hasan Ali Khan

8. Moreover,
the concept of Judicial Activism also faced certain criticisms. Firstly, it
is often said that in the name of activism, judiciary often rewrites with
personal opinions. Secondly, the Theory of Separation of Powers is
overthrown. However, its importance lies with position accorded to
institution as a place of hope for aggrieved persons.
There is only a thin line of separation between review and activism.
While judicial review means to decide if the law/act is consistent
with the Constitution, judicial activism is more of a behavioural
concept of the judge concerned. It is majorly based on public
interest, speedy disposal of cases etc.

9. Therefore,
with the power of judicial review, the courts act as custodians of
the Fundamental Rights. With the growing functions of the
modern state, judicial intervention in the process of making
administrative decisions and executive functioning has also
increased.
In addition, judicial activism keeping in view the ideals of
democracy is in fact necessary to ensure that unheard voices are
not buried by influential voices. Indeed in most situations timely
intervention of judiciary in India has helped democracy flourish
in our country despite repeated failures of other organs.

11. 1. Legislative actions are subjected to review by
1.judiciary
2.legislative
3.executive
4.union state relation
Ans. Judiciary
MULTIPLE CHOICE QUESTIONS
2. Concept of judicial review is falling under which article of Constitution
1.article 12
2.article13
3.article14
4.article32
Ans. article13
3. In India collegiums system was first
introduced in relation to
1.Execitive
2.Legislative
3.Judiciary
4.union state relation
Ans. Judiciary

12. 4. The system of judicial review is found
1.only in India
2.in both India and US
3.only n India
4.only in britan
Ans: 3
5)Judicial reviews are under the actions of
a) Legislative assembly
b) Judicial system
c) Executive assembly
d) none of these
6.Equality before law and equal protection law assurs that
1.Democracy
2.rule of law
3.parlimentary supremacy
4.laizeeg fair
Ans. Rule of law
Ans:Legislative assembly

13. 7.Under whose jurisdiction the High Courts of the States directly fall
in the judicial system of India?
1.Parliament
2. President
3. Supreme Court
4.Attorney General
Ans. Supreme Court
8.Is Legislature in our country has the power to ask instrumentalities
of the state to disobeying the decision given by courts
a)Yes
b)Depends on court
c)No
d)None of these
Ans:No
9.Which courts have wide power on Judicial review.
a)High court
b)Supreme court
c)District court.
d)All courts in india
Ans:All courts in india

14. 10.In Judicial activism which law acts against the Hasan ali khan
a)Religious terror
b)Ideological terror
c)Invoking terror.
d)All of these
Ans:c)invoking terror
11.Which court introduced the basic structure of constitution
a)Supreme court
b)High court
c)District court.
d)None of these
Ans:a)supreme court
12.Under whose jurisdiction the High Courts of the States directly fall in the
judicial system of India?
1.Parliament
2. President
3. Supreme Court
4.Attorney General
Ans. Supreme Court

15. 13.Supreme court of India was inaugurated in the year?
a)1948
b)1949
c)1950
d)1951.
Ans:1950
14.Doctrine of Judicial review originated from which country?
a)the UK
b)France
c)the USA
d)Russia.
Ans:USA
15.Who coined the term judicial activism?
[A] Montesquieu
[B] Justice V.R. Krishna Iyer
[C] Arthur Schlesinger Jr.
[D] None of the shove.
Ans:c)Arthur Schlesinger Jr

16. 16.Which of the following statements are correct about judicial activism?
[A] It is the process of lawmaking by judges
[B] It is the practice in the judiciary of protecting individual rights
[C] Judges depart from strict adherence to judicial precedents
[D] All of the above
Ans:d)All of the above
17.Which one of the following is the constitutional basis of judicial review?
a)Common Law
b)Statute
c)The rule of Law and the separation of powers.
d)Enquity.
Ans: The rule of Law and the separation of powers.
18.Judicial Review in the Indian Constitution is based on:
a)Procedure established by law
b)Due process of Law
c)Rule of Law
d)Precedents and convention.
Ans:procedure established by law

17. 19.At present how many judges are in the Supreme court?
a)8
b)25
c)26
d)31.
Ans:d)31
20.Concept of Public Interest Litigation (PIL) originated from which country?
a)the UK
b)France
c)the USA
d)Russia
Ans:c)the USA
21.What was the original strength of Supreme Court of India?
a)12.
b)15
c)20
d)31.
Ans:b)15

18. 22.What is the system consisting of courts which interpret the constitution
and award judgement?
(a) Judiciary
(b) Parliament
(c) Police
(d) Legislative.
Ans:a)judiciary
23.Judiciary in India resolves the disputes between
(a) State and State
(b) State and Citizen
(c) Citizen and Citizen
(d) All the above
Ans:d)All the above
24.Who is the final interpreter of our Constitution?
(a) Judiciary
(b) Government
(c) Executive
(d) Legislative.
Ans:a)Judiciary

19. 25.How many High Courts are there in India currently?
(a) 31
(b) 21
(c) 11
(d) 01
Ans:b)21
26.Once appointed, a judge can be removed by:
(a) District judge
(b) Chief Minister
(c) Prime Minister
(d) None of above
Ans:d)None of the above