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Judicial Review: Significances and Utility of the Power

of Judicial Review in India

 India has a Written Constitution:

A law or an Article of the Constitution may be ambiguously


worded. So naturally the question of interpretation of Constitution
is bound to arise at times.
 The Constitution has Provided Limited Powers to the Union and
the States:

If the Union Government or the States transgress their limits the


functioning of government will become difficult. Only a Supreme
Court can settle the disputes between the Government of India and
States.

 Interpretation of the Laws is the Peculiar Function of the Courts:

The Constitutional law has many problems of interpretation. The


Legislature does not possess the acumen and impartiality which
are needed to explain what the law means. This function can be
best performed by a judicial body alone.

 The Court is the Protector of the Rights of Citizens:

Restrictions can be imposed on the rights of the citizens in the


interest of security of the State and also in public interest. The
Court alone can decide whether or not those restrictions are
reasonable. The Supreme Court may say to other branches of
government: “this far and no further.”

 The Supreme Court Adapted the Constitution to Changes in


Society:

The Court played an important role in adapting the Constitution to


changes in society. The judges have very often pronounced radical
judgement, keeping in view the vast socio-economic inequalities in
society.

In May 1995, the Supreme Court reminded the Government of its


Constitutional duty “to secure for the citizens a uniform civil code
throughout the territory of India.” There was “no necessary
connection between religion and personal law in a civilized
society”, said Justice Kuldip Singh in his judgement.
 Speedy and Economical Justice:

Some new ideas and programmes have recently been introduced


in the country, e.g. legal aid, social action, litigation and Lok
Adalats. Not only the person aggrieved by a wrong, but any
member of the public can now initiate a proceeding on behalf of
the aggrieved person in either the High Court or the Supreme
Court for enforcement of Constitutional rights.

Under the new arrangements a destitute citizen can file a writ


petition even through a simple letter written on a postcard.
Cognizance of public litigation cases by the Supreme Court has
added a new dimension to its role.