1.

‘Judicial Review is an obstacle in progress’. How?

Answer»

Judiciary is the third most important organ of the government. Under the provision of judicial review, the judiciary examines the constitutional validity of the acts formed by the legislature and the actions of the executive. In case these are found against the provision of the constitution and against the legality provided by the law, the Supreme Court can declare them unlawful.

In such situations, the judicial review proves the supremacy of the judiciary over the legislature. This sort of decision hurts the dignity of the legislature, because in democracy, the final power is in the hands of the people. Legislature represents the powers of the people. The power of the judicial review of the judiciary, many times, declares the law made by the legislature for the good of the people as unlawful.

This not only disgraces the legislature, but also hinders the progress the development of the people. In India, laws made for land reforms and the executive, withdrawal of the Privy Purse, nationalization of the banks were for the welfare of the people, but they came under judicial review and were abrogated. Thus, judicial review hindered progress and development.



Discussion

No Comment Found