Examine the evolution of the jurisdiction of the Supreme Court of India as a Constitutional Court. (UPSC CSE Mains 2021 - Political Science and International Relations, Paper 1)
Under the Indian Constitution, the power to interpret the Constitution and entertain judicial review petitions is exercised by the Supreme Court and the High Courts. The term constitutional courts hence refers to the Supreme Court and the High Courts taken together.
Over the last 7 decades, the Supreme Court''s extraordinary power has manifested itself in the form of judgments encompassing every sphere of the nation''s activity. No grievance has been too insignificant to attract the court''s palliative and curative jurisdiction. Inspired by the desire to give true meaning to the Constitution''s promise of justice, liberty and equality for all, no litigant has been turned away by the Supreme Court, and there is virtually no area of human endeavour in regard to which it has not exercised its jurisdiction, original or appellate.
The ambit of judicial review is limited to three grounds in case of administrative action.
- In the case of unreasonability or irrationality
- Unlawfulness or illegality
- Proportionality and procedural impropriety
Judicial review of a decision matter process whenever it has been depraved through irrationality and ignorance of such essential factors that no reasonable authority conferred with the power could have made such a decision, follows the due procedure of law and through examination takes the relevance of the factors.
In a federal system, the courts also act as independent and impartial arbiters between the federal government and the governments of the federating units, as also between the federating units themselves. Whenever there is a dispute or conflict between any set of governments, the judiciary is responsible for interpreting the provisions of the Constitution. This interpretation is taken as final. In this way in a federation the judiciary assumes the status of the ''Constitutional Court''.
Next
previous
Latest News
General Studies