एन. एच. आई. डी. सी. एल. क्षेत्रीय कार्यालय - गंगटोक द्वारा सिलीगुड़ी टैक्सी स्टैंड पर अतिक्रमण मुक्त राष्ट्रीय राजमार्ग के लिए एक जागरूकता कार्यक्रम आयोजित किया गया।

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  एन. एच. आई. डी. सी. एल. क्षेत्रीय कार्यालय - गंगटोक द्वारा सिलीगुड़ी टैक्सी स्टैंड पर अतिक्रमण मुक्त राष्ट्रीय राजमार्ग के लिए एक जागरूकता कार्यक्रम आयोजित किया गया। राष्ट्रीय राजमार्गों को अतिक्रमण मुक्त और सुरक्षित बनाने की दिशा में एक महत्वपूर्ण कदम उठाते हुए राष्ट्रीय राजमार्ग एवं अवसंरचना विकास निगम लिमिटेड (एन. एच. आई. डी. सी. एल.) क्षेत्रीय कार्यालय - गंगटोक ने दिनांक 14.10.2024 को सुबह 11:00 बजे सिलीगुड़ी टैक्सी स्टैंड, गंगटोक पर एक जागरूकता कार्यक्रम का आयोजन किया। इस कार्यक्रम का उद्देश्य स्थानीय लोगों और वाहन चालकों को राष्ट्रीय राजमार्गों पर अतिक्रमण से होने वाले खतरों और इसके कानूनी परिणामों के बारे में जागरूक कराना था। एन. एच. आई. डी. सी. एल., क्षेत्रीय कार्यालय - गंगटोक द्वारा यह पहल राष्ट्रीय स्तर पर सड़क सुरक्षा को बढ़ावा देने और राष्ट्रीय राजमार्गों पर होने वाले दुर्घटनाओं को कम करने के उद्देश्य से की गई। राजमार्गों के किनारे अतिक्रमण, जैसे अवैध निर्माण, अस्थायी दुकानें और अनधिकृत पार्किंग, यातायात के प्रवाह को बाधित करते हैं, और दुर्घटनाओं की संभावना को बढ़ाते ...

Concept of Judicial Review in India

This Blog is written by Mr. Priyanshu Srivastva, Student of Lloyd Law College, Greater Noida & Miss. Shireen Mirza, Student of Lloyd Law College, Greater Noida.

Introduction
The constitution is the supreme law of every country. It is the “grandmom” of the state and every other law of the country derive from the constitution. According to Prof H.L.A Hart, constitution work as a touchstone to all the laws. We can also see that the validity of all the laws was checked by the constitution, if there is a question arises on the constitutional validity of any law which enshrined in the constitution, then that law is declared to be unconstitutional. And that parameter was also used for executive actions. The constitution also prohibits executives to make any decision that violets the basic norms and important principles of the constitution. And the tasks for checking the constitutionality of the laws were done by the judiciary. This we can term as “Judicial Review”.  Thus we can define judicial review as ‘it is the power of the court to determine whether the acts of legislature and executive are in a consistent way with the Constitution and its values”.[1] According to Edward S.Corwin, judicial review is the power and duty of the courts to disallow all legislative or executive acts of either the central or the state government, which in the court’s opinion transgressed the constitution.[2] Judicial review is not an exclusive expression used in constitutional law; its literal meaning is the revision of decree or sentence of inferior court by a superior court.  The power of judicial review is one of the basic features of our constitution. The principle of judicial review lies under Article 13 of the Constitution of India. This article said that law to be made should in line with the norms which were laid down by the Constitution of India. This article provides the full power of judicial review to the judiciary.
Historical Background of Judicial Review
The concept of judicial review was started from the United States of America; it was a result of continuous thinking and growth. As we can also say it that the concept of judicial review had the heritage of Plato and Aristotle, Inklings of Magana Carta and Cockeian theory of common rights. Marbury V. Madison (1803), was a landmark case from where the judicial review came into existence where the court said, “that the legislative actions are under the purview of the judicial review.”[3] But before the USA the concept was carried by Britishers to their colonies but the concept of judicial review was not fully used because their parliament is supreme and the judiciary was not supposed to review any acts of the parliament. As we above mentioned the concept was carried by the Britishers to their colonies, so the presence of the concept of judicial review must be in our Indian legal system. Similar it was the situation of the United States; being a colony of Britain it also inherited the common law system and provided the basic establishment of the concept of the judicial review in the United States.  Taking a note from England and the United States our constitution framers adopted the parliamentary form of government and also the concept of judicial review.
Judicial Review in India
The judiciary plays an important role as a protector that our constitution-makers gave. They try to undo those harms that are being done by legislature and executive, also tried to provide everything which was given in the constitution under Directive Principles of State Policy. All these were possible by the power of judicial review. The principal or the concept of judicial review became an essential feature of our Indian constitution. The power of judicial review is incorporated under Article 226 and Article 227 of the constitution for the concern of High Courts and in regards to Supreme Court Article 32 and Article 136 of the Constitution.
Judicial Review as a Part of Basic Structure
In the case of Keshavanda Bharti V. State of Kerala, the Apex court propounded the doctrine of basic structure which said that the legislature can amend the constitution but they cannot change the constitution’s basic structure. S.M. Sikri, C.J mentioned five basic structures

  1. Supremacy of Constitution
  2.  Democratic and Republic form of Government
  3. Secular character of constitution
  4.  Separation of Powers
  5. Federal structure
He observed that these basic features are easily discernible not only from the Preamble but also from the whole scheme of the Constitution. He added that the structure was built on the basic foundation of dignity and freedom of the individual which could not by any form of the amendment be destroyed. It was also observed in that case that the above are only illustrative and not exhaustive of all the limitations on the power of amendment of the Constitution.[4] In Indira Nehru Gandhi v. Raj Narain held that Judicial Review in election disputes was not a compulsion as it is not a part of the basic structure[5]. While in the case of S.P. Sampath Kumar V. Union of India Justice Bhagwati relied on Minerva Mills case and held that it was settled that judicial review was a basic and essential feature of the constitution and if the power of judicial review taken away the constitution ceases what it was to be. In Sampath Kumar, the apex court also declared that law which was made under Article 323-A (1)  were to exclude the jurisdiction of the High Court under Articles 226 and 227 without setting up an effective alternative institutional mechanism or arrangement for judicial review, it would be violative of the basic structure and hence outside the constituent power of Parliament.[6]
In the case of L. Chandra Kumar V. Union of India seven judges bench held that; the judicial review power over the legislative action is vested in the High Court’s under Article 226 and in the Supreme Court under Article 32 of the constitution is an essential and integral feature of the constitution constituting part of the basic structure.[7]
Conclusion
The growth of judicial review is the inevitable response of the judiciary to ensure proper checks on the exercising of public power. Growing awareness of the rights that belongs to the people; the trend of judicial scrutiny of every significant action of the government. There is always a general perception that the judiciary in our country has been active in the expansion of the concept of judicial review. The judicial review is highly complex and developing. In Kesavananda Bharti case, the apex court interpreted the scope and meaning of the judicial review. So from the above, we came to the conclusion that the power of judicial review is a part of the basic structure of our constitution and representative democracy as an expression of the people’s will.



[1] Quotation By, Justice Dr. B.S Chauhan, Former Judge, Supreme Court of India
[2] Edward S. Crowin, A Constitution  of Powers in a Secular State, 1951, pp. 3-4
[3] Marbury V. Madison, 5 U.S. 137 (1803)
[4] His Holiness Kesavananda Bharati Sripadagalvaru and Ors V. State of Kerala and Anr. AIR 1973 SC 1461
[5] Indira Nehru Gandhi V. Raj Narain 1975 AIR 1590
[6] S.P. Smapath Kumar V. Union Of India 1987 SCR (3) 233 R/W  Minerva Mills Ltd.  & Ors V. Union of India 1980 AIR 1789                                                                   
[7] L.Chandra Kumar V. Union Of India (1997) 3SCC 261

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