The Supreme Court of India, utilizing its authority of judicial review, holds a crucial position in maintaining the Constitution by guaranteeing the functionality and responsibility of constitutional entities. This authority bolsters the tenets of separation of powers, checks and balances, and the safeguarding of fundamental rights. In this discussion, we examine how this judicial review influences these essential elements of governance within India.
1. Upholding the Separation of Powers
- Judiciary’s Independence: The Supreme Court acts as the protector of the Constitution, which guarantees that the judiciary remains autonomous and serves as a counterweight to both the legislative and executive branches.
- Oversight of Legislation: Through the examination of laws enacted by the legislature, the Supreme Court possesses the ability to annul any legislation that conflicts with the Constitution. An example of this is the Navtej Singh Johar vs. Union of India case (2018), which decriminalized homosexuality.
- Constraints on Executive Actions: Executive measures and orders may be invalidated if they overstep constitutional limitations, thereby maintaining the sanctity of governance.
- Authority of Interpretation: The Court has the power to interpret constitutional stipulations, which affects how legislative and executive actions comply with constitutional directives.
- Expertise in Federalism: The Supreme Court’s determinations assist in clarifying the jurisdictions between the central and state administrations, thereby strengthening India’s federal arrangement.
2. Ensuring Accountability of Constitutional Bodies
- Scrutiny of Elections by Judiciary: The Supreme Court holds the Election Commission accountable by evaluating electoral laws and practices, exemplified by the Association for Democratic Reforms vs. Union of India (2002) case, which mandated transparency in candidate disclosures.
- Public Interest Litigations (PILs): Citizens have been empowered to seek redress through PILs, ensuring accountability within constitutional bodies, as demonstrated in the Vishaka vs. State of Rajasthan case, leading to significant guidelines for addressing sexual harassment in the workplace.
- Transparency through Right to Information: By reinforcing the Right to Information Act via judicial rulings, the Supreme Court has enhanced the transparency and accountability of constitutional bodies.
- Maintaining Institutional Integrity: The Court’s involvement has protected the integrity of institutions like the CBI, as seen in the CBI vs. State of Rajasthan (2017) case, where the Court warned against political meddling.
- Confronting Arbitrary Actions: It checks arbitrary actions taken against individuals, underscoring the principle that no entity is above the law, as illustrated in the Maneka Gandhi vs. Union of India case, which broadened the understanding of personal liberty.
3. Protection of Fundamental Rights
- Supremacy of Fundamental Rights: The Supreme Court’s judicial review authority ensures that individual rights are shielded from encroachment by the state, prominently showcased by the decriminalization of Section 377.
- Broadened Rights: The interpretation of fundamental rights has been broadened through numerous judgments, including the Right to Privacy verdict in 2017, which affirmed personal freedom’s inviolability.
- Enforcement of Affirmative Action: The judiciary has been instrumental in safeguarding the rights of underrepresented communities through judicial review, particularly in cases regarding reservation policies.
- Assessment of Legislation: The Court evaluates whether laws implemented by the legislature conform to fundamental rights, ensuring that no legislation is discriminatory.
- Promotion of Social Justice and Equity: The Supreme Court’s interventions in social justice matters, exemplified in the Puttaswamy vs. Union of India (2017) case, advance equality and dignity for all citizens.
Conclusion
In summary, the Supreme Court’s judicial review authority is essential in strengthening the governance framework of India by preserving the separation of powers, maintaining accountability among constitutional entities, and safeguarding fundamental rights. Through its influential rulings and ongoing oversight, the Supreme Court has not only addressed instances of injustice and arbitrary actions but has also adapted the interpretation of the Constitution to meet the demands of the modern socio-political context. This dynamic engagement highlights the significance of a resilient judiciary in a democratic society, ensuring that democracy in India stays robust and accountable.
