Wednesday, February 14, 2018

Indian Constitution Articles Dealing With Judicial Review

In this article I am going to talk about those particular articles of the Indian Constitution that deal with the provision of Judicial Review in the Indian Constitution.

As told previously the concept of Judicial Review in India was introduced by the constitution makers at the time of drafting of the Constitution and it was borrowed from the American Constitution.

Articles Dealing With Judicial Review


Article 13 of Indian Constitution

Laws inconsistent with or in derogation of the fundamental rights 

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void 

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void 

(3) In this article, unless the context otherwise requires law includes any Ordinance, order, bye law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force includes laws passed or made by Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas 

(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368 Right of Equality

Important - This article simply says that all laws which are in inconsistent with or violate the fundamental rights would will be ultra vires and can be proclaimed as null and void thereby directly giving the Judiciary the power of Judicial Review.

Article 32 of Indian Constitution

Right to Constitutional Remedies - Provides the right to move to the Supreme Court for checking the violation of Fundamental Rights and authorizes the Supreme Court to issue writs of Habeas Corpus, Mandamus, Quo Warranto, Prohibition, Certiorari for the enforcement of fundamental rights.

Article 226 of Indian Constitution

This covers the writ jurisdiction of the High Court and powers under it available to High Court are wider than the powers available to Supreme Court under Article 32 as High Courts can issue writs of on all cases whereas Supreme Court jurisdiction of issuing writs is limited to the violation of Fundamental Rights.

Article 131 of Indian Constitution - Supreme Court original jurisdiction in Centre-State and Inter-State matters.

Article 132 of Indian Constitution - Supreme Court appellate jurisdiction in constitutional cases.

Article 133 of Indian Constitution - Supreme Court appellate jurisdiction in civil cases.

Article 134 of Indian Constitution - Supreme Court appellate jurisdiction in criminal cases.

Article 134 A of Indian Constitution - It is related to the certificate for appeal to the Supreme Court from the High Courts. This article was added through the 44th Constitutional Amendment Act.

Article 135 of Indian Constitution - Empowers the Supreme Court to exercise the jurisdiction and powers of the Federal Court under any pre-constitution law. 

Article 136 of Indian Constitution - Authorizes the Supreme Court to grant special leave to appeal from any court or tribunal (except military tribunal and court martial). 

Article 143 of Indian Constitution - Authorizes the President to seek the opinion of the Supreme Court on any question of law or fact and on any pre-constitution legal matters

Article 227 of Indian Constitution - Vests in the High Courts the power of superintendence over all courts and tribunals within their respective territorial jurisdictions (except military courts or tribunals).

1 comment:

  1. Can you please update the blog with recent Supreme courts verdicts like adhaar, sabrimala & others. Giving a background n their impact.
    Your blog explains everything in such a lucid n apt way 'found it very uselfusel in preparation.
    Thank you.

    ReplyDelete

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