Discuss the powers and functions of the Supreme Court of India with special reference to its “Judicial Review” power.

1. Introduction

The Supreme Court of India, as the apex judicial body in the country, plays a pivotal role in upholding the rule of law, interpreting the Constitution, and safeguarding the rights and liberties of citizens. Among its various powers and functions, the authority of judicial review stands out as a cornerstone, empowering the court to scrutinize the constitutionality of legislative and executive actions.

2. Original Jurisdiction (Article 131)

The Supreme Court exercises original jurisdiction in specific disputes between the Government of India and one or more states, or between two or more states. This authority allows the court to directly hear and adjudicate matters of federal or inter-state significance. The exercise of original jurisdiction ensures the resolution of disputes that may have far-reaching implications for the federal structure of the country.

3. Appellate Jurisdiction (Article 132-134A)

The Supreme Court serves as the highest court of appeal, with appellate jurisdiction over decisions of High Courts and other tribunals. Appeals can be made to the Supreme Court on civil, criminal, or constitutional matters, ensuring uniformity in legal interpretation and the delivery of justice across the country. The court's appellate jurisdiction contributes to the development of legal principles and precedents.

4. Advisory Jurisdiction (Article 143)

The President of India can seek the Supreme Court's advisory opinion on matters of public importance or legal complexity. While non-binding, the advisory jurisdiction allows the court to provide valuable insights on issues that may require constitutional interpretation or guidance. This power reinforces the court's role as a constitutional arbiter.

5. Protector of Fundamental Rights

One of the critical functions of the Supreme Court is to protect and enforce the fundamental rights guaranteed by the Constitution. Through writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari, the court ensures that individuals are not deprived of their fundamental rights unlawfully. The power of judicial review plays a crucial role in striking down laws and actions that violate these rights.

6. Guardian of the Constitution

The Supreme Court acts as the guardian of the Constitution, ensuring that all actions, whether legislative or executive, conform to the constitutional framework. The court's power of judicial review allows it to scrutinize the constitutionality of laws, policies, and actions, ensuring that they align with the principles and values enshrined in the Constitution.

7. Judicial Review: Checking Legislative Actions

The power of judicial review enables the Supreme Court to scrutinize and strike down laws that are inconsistent with the provisions of the Constitution. By ensuring the conformity of legislation with constitutional principles, the court acts as a check on the legislative branch, preventing the enactment of laws that may infringe upon fundamental rights or exceed the scope of legislative authority.

8. Judicial Review: Scrutinizing Executive Actions

The Supreme Court exercises judicial review over executive actions to ensure that the government acts within the bounds of the Constitution and the law. This includes reviewing administrative decisions, policies, and actions to prevent abuse of power and protect the rights of citizens. The court's power of judicial review acts as a safeguard against arbitrary and unconstitutional executive actions.

9. Expanding the Horizon of Judicial Review

Over the years, the Supreme Court has expansively interpreted the scope of judicial review. The court has recognized the doctrine of "basic structure," asserting that certain core features of the Constitution are beyond the amending power of the legislature. This doctrine ensures that even constitutional amendments can be subject to judicial review if they violate the essential features of the Constitution.

10. Critiques and Challenges

While the power of judicial review is crucial for maintaining constitutional supremacy, it has faced criticism for judicial overreach and activism. Some argue that an expansive exercise of this power may encroach upon the domain of the legislature and executive, potentially undermining the democratic principles of separation of powers. Striking the right balance between judicial review and democratic governance remains a challenge.

11. Conclusion

In conclusion, the Supreme Court of India, through its various powers and functions, serves as the guardian of the Constitution and the protector of citizens' rights. The power of judicial review, a pivotal aspect of the court's authority, ensures that legislative and executive actions remain within the constitutional framework. This power, while essential for upholding the rule of law, requires a delicate balance to prevent potential overreach and to maintain the principles of democratic governance. The Supreme Court's judicious exercise of judicial review continues to shape and define the contours of India's constitutional democracy.