Judicial Review Flashcards
what is the purpose of judicial review
to protect and enforce fundamental rights by examining the legislative, executive and administrative actions of the government for consistency with the constitution
if inconsistent, the action is declared null and void
which part of the constitution contains teh fundamental rights
part 3
where do courts get the power of constitutional review from?
articles 13, 32, 136, 142, 147 of the consitution
article 136
power to grant special leaves
Special leave to appeal by the Supreme Court. (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
What is meant by appeal by special leave?
SLP (Special Leave Petition) means the aggrieved party takes special permission to be heard in Supreme Court against the judgment given by the appeals court generally Supreme Court and sometimes Tribunals. … If the permission is granted then the Special Leave Petition is automatically converted into an appealing matter
article 13
- 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.a
article 32
Article 32 is a fundamental right which empowers the Supreme court to issue direction, order, and writs for enforcement of FRs. Article 226 is the constitutional right which empowers High court to issue a direction, order, and writs for enforcement of fundamental rights and other legal rights. (unlike sc)
A High Court can issue writs not only for the enforcement of Fundamental Rights given in Part III of the Constitution but also non-Fundamental Rights for which the Constitution of India has used the words “for any other purpose” to widen the scope of High Court’s Jurisdiction
article 142
- Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe
article 142
- Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe
article 147
The limited purpose that article 147 serves is to clarify the reference regarding any substantial question of law. It covers the interpretation of the constitution along with that of the government of India act, 1935. … The interpretation of article 147 in chapter 4 and 5 states about any substantial question of law.
Interpretation In this Chapter and in Chapter V of Part VI references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947 , or of any order made thereunder CHAPTER V COMPTROLLER AND AUDITOR GENERAL OF INDIA
article 137
Article 137 gives a special power to the SC to review any judgment pronounced or order made by it. An order passed in a criminal case can be reviewed and set aside only if there are errors apparent on the record.
which court has the power of judicial review in india
sc
article 372
pre constitution legislation may be reviewed
Continuance in force of existing laws and their adaptation
article 245
the state legislatures and the parliaments laws are subject to provisions of the constitution
article 250
Article 250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
