Model Question and Answers for APSC | What do you mean by Judicial review? Show, with example, how judicial review is important for ensuring justice in Public life in India. (APSC 2014)

Model Question and Answers for APSC | What do you mean by Judicial review? Show, with example, how judicial review is important for ensuring justice in Public life in India. (APSC 2014)

Ans : Judicial review is the power bestowed upon the judiciary by the constitution, by virtue of which the judiciary can examine legislative enactments and executive orders of the governments, be it state or central. This doctrine traces its origin to the United States of America where it was put forward in the case of Marbury Vs Madison.
The then Chief Justice of the US Supreme Court, John Marshall, was the progenitor of the idea. However, as mentioned above, it is the Constitution of India itself that grants such power to the judiciary. The right to judicial review is possessed by both the supreme courts and the high courts of the country.
The courts also have the power to declare any law passed by the legislature as null and void if the law goes against the constitution upon which the law cannot be imposed by the government.
The importance of judicial review for ensuring justice in Public life in India
1. Judicial review is necessary to uphold the principle of supremacy of the constitution.
2. The provision of judicial review prevents the misuse of power by the legislature and executive.
3. It maintains the equilibrium between the centre and state, thereby maintaining federal equilibrium.

4. The provision protects the fundamental rights of the citizens.
5. This provision ensures the principle of the independence of the judiciary.
Example: Shreya Singhal Vs Union of India
The Supreme Court in a landmark judgement struck down section 66A of the Information Technology Act, 2000 which provided provisions for the arrest of those who posted allegedly offensive content on the internet upholding freedom of expression.