Judicial review is apparatus to protect rule of law: Judges

Saurabh Malik

Tribune News Service

Chandigarh, February 14

The power of judicial review as an apparatus to promote and protect the rule of law was today underscored by a Supreme Court judge, other judges and 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 SC and even the HC 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 and Problems, Essays in Honour of Upendra Baxi”, Justice Surya Kant of the Supreme Court asserted that judicial review was the strongest instrument to promote and 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 and judicial academicians 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 scheme and without it the rule of law will become illusionary and unrealistic.”

“The term judicial review does not 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 SC made it clear in one of the earliest cases that power of judicial reviews is inherent in a codified constitution and exists independently,” Justice Kant asserted.

The book is co-edited by Salman Khurshid, Sidharth Luthra, Dr Lokendra Malik and 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 could not 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 and also the basis structure of the every expensing constitutional jurisprudence,” Justice Gupta read.

Chief Justice of the Punjab and Haryana High Court, Justice Ravi Shankar Jha, said, “Judicial review is evolving everyday and taken up by academicians and 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 and decide cases that have new ramifications and requires a judge to take up decide, interpret and evolve new methods of judicial review to do justice. Apart from the theoretical aspect, they have to keep in mind the practical ramifications and limit judicial review to a great extent looking at other factors required to be considered.” Justice Jitendra Chauhan of the High Court, Dr Gupta and Dr Bedi also talked about the importance of the concept.