1.
Powers to interpret the constitution
If a
person thinks that the legislature has exceeded its constitutional power in
enacting a law, he may challenge the constitutionality of the law in the Court.
In deciding the case, the Court interprets the constitution to determine the
constitutionality of the Act challenged. This power to interpret the
constitution and determine the constitutionality of a statute is called the
power of judicial review.
2.
Scope of Judicial Review
Judicial
Review does not only apply to federal and State statutes. Its scope is wider. The
constitution of the states, treaties made by the Federal Government and the
orders issued by the Federal and State executive’s authorities come within its
purview.
3.
Constitutionality of the legislation
In
determining the constitutionality of the legislation, the Court is not
concerned with the wisdom, experience or policy of legislation. Even if the
Court considers the Act unwise and harmful to both the public and private
interests, it is its obligation to sustain the act provided it is within the delegated
power.
4.
Supreme Court, the Guardian of the Constitution
Supreme
Court is the Guardian of the Constitution. The Constitution has demarcated
respective spheres of action of all the three branches of government on the
principle of Separation of Powers. Supreme Court has full authority to explain
the sphere of all branches of government and that of the central and state
governments.
5.
Importance of Judicial Review
Supreme
Court has assumed a rather superior role over other branches of the government
by virtue of its power of Judicial Review House of the Congress. While giving
liberal interpretations to the Constitutional law, Supreme Court relied mainly
on implied powers, i.e., the power of judicial review.
6.
Origin of Judicial Review
The
Supreme Court faced the issue of judicial review for the first time in the case
of ‘Marbury v. Madison’ which was decided din 1803.
7.
Distinguished Between Judicial Review and Judicial interpretation
Judicial
Review is different from judicial interpretation of the statutes. In judicial
interpretation of the laws, the courts Endeavour to find their meanings as
understood by the lawmakers. The do not declare it unconstitutional and
therefore null and void. They do not question the powers of the legislature to
make the law. In Judicial Review, the courts interpret the constitution in such
a manner as to see whether or not the act in question has violated its
provision. If so, they declare it unconstitutional and therefore null and void,
because it was ultra-vires of the lawmakers concerned, that is, they have
exceeded the powers conferred upon them by the constitution.
8.
Advantages of Judicial Review
The
advantages of the Judicial Review may be summed up as under
a.
Protection of the Constitution
By
virtue of its power of Judicial Review, the Supreme Court can effectively keep
all the government and their branches within their respective spheres, hence
protect the rights of individuals and those of the institutions.
b.
Growth of the Constitution
The
Framers deliberately avoided going into the details regarding the organization
and working of the governmental machinery. There are many words and terms used
in the Constitution which can be interpreted in many contexts. Hence, Chief
Justice Martial introduced “Judicial Review” based on implied powers.
c.
Veto Power exercised by the president
President
Truman used veto on the Congress laws 226 times; Roosevelt used veto 631 times
and Cleave land 583 times. While use of veto power by the president was
entirely based on political consideration. And exercise of judicial Review by
the supreme court was motivated by constitutionality or otherwise of any law.
d.
Ultimate safeguard of individual liberty
The
Judicial Review has got great significance in American system. The system without
judicial review may be incomplete. In a country having separation of power and
a political system in which the executive is independent of legislative control
and the legislature cannot be dissolved earlier than the expiry of its term the
power of Judicial Review constitutes the ultimate safeguard of individual
liberty.
Conclusion
By
its power of Judicial Review the Supreme Court has always interpreted the
Constitution to meet the needs of the times by evolving the doctrine of implied
powers, it has made the centre strong at the cost of the states. Without the US
Federalism might have failed in these times of growing centralism. It is also
said that Judges are under the constitution but the constitution is what the
judges say it is.
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