Judicial review is a rule of law safeguard: Judges: The Tribune India

Saurabh Malik

Tribune press service

Chandigarh, February 14

The power of judicial review as a tool to promote and protect the rule of law was highlighted today by a Supreme Court justice, other justices and academics at a release ceremony of books held in Chandigarh.

Judicial review, among others, is a process by which the Supreme Court or High Court can review the validity of a law passed by Parliament or the state legislature. The SC and even the HC can declare a law unconstitutional, if it proves to be unconstitutional. These views come at a time when some of the recently enacted laws have sparked controversy.

Addressing the assembly after the publication of the book “Judicial Review: Process, Powers and Problems, Essays in Honor of Upendra Baxi”, Supreme Court Justice Surya Kant said that judicial review was the most powerful instrument to promote and protect the rule of law, which was essential for the good governance of any civilized legal society.

Describing judicial review as serious business, Justice Kant asserted that there had been great contributions from judicial and judicial scholars in developing the concept and philosophy.

“Judicial review is undoubtedly the most fundamental duty of the courts and an integral part of the constitutional republic. It is an inseparable part of the constitutional regime and without it, the rule of law will become illusory and unrealistic.

“The term judicial review is not mentioned in the Constitution, although such power has been restored under various articles. But even in the absence of these express provisions, the SC made it clear in one of the first cases that the power of judicial review is inherent in a codified constitution and exists independently,” Kant J.

The book is co-edited by Salman Khurshid, Sidharth Luthra, Dr Lokendra Malik and Associate Professor (Law), Graduate Institute of Legal Studies, University of the Panjab, Dr Shruti Bedi. The appropriate venue for disseminating views on judicial review was the Chandigarh Judicial Academy.

Jurist Upendra Baxi was unable to attend the event, but his views were reported by the Director (Administration) of the Judicial Academy, Dr. Balram Gupta. “Judicial review is the savior of the Constitution and also the basic structure of ever-costly constitutional jurisprudence,” Justice Gupta said.

Chief Justice of the High Court of Punjab and Haryana, Justice Ravi Shankar Jha said, “Judicial review is evolving everyday and being taken up by academics and scholars have a very different perspective to present than those who are actually involved in the justice delivery system. necessary to evolve. Every day a judge must hear and decide cases that have new ramifications and require a judge to adopt, decide, interpret and develop new methods of judicial review to deliver justice. Apart from the theoretical aspect, they must bear in mind the practical ramifications and limit the judicial review to a large extent by looking at other factors to be taken into account. High Court Justice Jitendra Chauhan, Dr Gupta and Dr Bedi also spoke about the importance of the concept.