The power of judicial review as an apparatus to promote & protect the rule of law was today underscored by a Supreme Court judge, other judges & academicians during a book release function held in Chandigarh.
Judicial review, among other things, is a process by which the Supreme Court or the High Court can examine the validity of a law passed by Parliament or the state legislature. The Supreme Court & even the High Court can declare a law unconstitutional, if it is found to be against the Constitution. The views come at a time when some of the laws enacted recently have generated a controversy.
Addressing the gathering after releasing the book, “Judicial Review: Process, Powers & Problems, Essays in Honour of Upendra Baxi”, Justice Surya Kant of the Supreme Court asserted that judicial review was the strongest instrument to promote & protect the rule of law, which was essential for good governance of any civilised society legal.
Describing judicial review as a serious business, Justice Kant asserted that there have been great contributions from the judiciary & judicial academicians in developing the concept & philosophy.
“Judicial review is undoubtedly the most fundamental duty of the courts & an integral part of the constitutional republic. It is an inseparable part of the constitutional scheme & without it the rule of law will become illusionary & unrealistic.”
“The term judicial review doesn't find mention in the Constitution, though such a power has been restored under various Articles. But even in the absence of those express provisions, the Supreme Court made it clear in one of the earliest cases that power of judicial reviews is inherent in a codified constitution & exists independently,” Justice Kant asserted.
The book is co-edited by Salman Khurshid, Sidharth Luthra, Dr Lokendra Malik & Associate Professor (Law), University Institute of Legal Studies, Panjab University, Dr Shruti Bedi. The venue apt for airing the views on judicial review was Chandigarh Judicial Academy.
Legal scholar Upendra Baxi couldn't make it to the event, but his views were narrated by Judicial Academy’s Director (Administration) Dr Balram Gupta. “Judical review is the saviour of the Constitution & also the basis structure of the every expensing constitutional jurisprudence,” Justice Gupta read.
Chief Justice of the Punjab & Haryana HC, Justice Ravi Shankar Jha, said, “Judicial review is evolving everyday & taken up by academicians & researchers have a very different outlook to present than the ones who are actually involved in the justice delivery system are required to evolve. Everyday a judge has to hear & decide cases that have new ramifications & requires a judge to take up decide, interpret & evolve new methods of judicial review to do justice. Apart from the theoretical aspect, they have to keep in mind the practical ramifications & limit judicial review to a great extent looking at other factors required to be considered.” Justice Jitendra Chauhan of the HC, Dr Gupta & Dr Bedi also talked about the importance of the concept.
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