History & Civics
Supreme Court is the Guardian and Final Interpreter of the Constitution. In this context answer the following questions:
(a) What is meant by Judicial Review?
(b) What is the scope of Judicial Review?
(c) What is the significance of the power of Judicial Review in view of the Federal character of the Constitution?
Supreme Court
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Answer
(a) Judicial Review may be defined as the power of the Supreme Court to examine the laws passed by the Legislature and the orders issued by the Executive officials to find whether or not they are permitted by the Constitution.
- If the Court finds that a law or an order of the Executive does something that is forbidden by the Constitution, it declares them null and void.
- The final say as to what the Constitution means rests with the Supreme Court. That is why the Supreme Court is known as "the Guardian and Final Interpreter of the Constitution."
(b) The Supreme Court exercises the Judicial Review in the following ways:
- When there is a dispute between the Union Government and a State or between States, the Supreme Court can decide it.
- The Supreme Court has the power to review all National and State laws and executive orders and declare them null and void, if they go against the provisions of the Constitution.
- The Supreme Court is the guardian of the Fundamental Rights. It is empowered to issue various Writs to enforce the Fundamental Rights.
(c) The power of Judicial Review has its utility because of three reasons:
- Ours is a written Constitution. An Article of the Constitution or a law may be ambiguously worded. So naturally the question of interpretation of the Constitution is bound to arise at times.
- The Constitution has provided limited powers to the Centre and the States. If the Union Government or States go beyond their limits, the functioning of a Federal Government will become difficult. Only a Supreme Court can settle the dispute between the Government of India and any State.
- The legislature does not possess the ability and impartiality which are needed to explain what the law means. It does not have the ability to take quick decisions also. This function can be best performed by a judicial body alone.
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Related Questions
With reference to the Independence and Impartiality of the Supreme Court, answer the following questions:
(a) Why is the Judiciary kept independent of the control of Executive and Legislature?
(b) Explain the role of these factors in securing Independence of the Supreme Court:
- Security of Tenure,
- Security of Salary and Allowances, and
- Power to punish for Contempt of itself
The Country's judicial system has a Supreme Court at its apex. It has an extensive Jurisdiction. In this context discuss the following:
(a) Its Original Jurisdiction
(b) Its Appellate Jurisdiction
With reference to powers and functions of the Supreme Court answer the following questions:
(a) What is its Advisory or Consultative Jurisdiction?
(b) What is its Revisory Jurisdiction?
(c) What is meant by the statement that the Supreme Court is a Court of Record?
With reference to the Supreme court's role as protector of Fundamental Rights, explain the significance of the following Writs:
(a) Writ of Habeas Corpus
(b) Writ of Mandamus
(c) Writ of Quo Warranto
Or
How does the Constitution ensure that the Supreme Court acts as Custodian (Guardian) of the Fundamental Rights?