POWER OF JUDICIAL REVIEW OF HIGH COURT

The power of judicial review is a significant aspect of the role played by the High Courts in India. Judicial review refers to the authority of a court to examine the constitutionality and legality of government actions, decisions, and legislation. In India, the power of judicial review is primarily vested in the High Courts under Article 226 of the Constitution.

Constitutional Basis:

1. Article 226 of the Constitution:
   • Article 226 confers the power of judicial review upon the High Courts. It states that every High Court shall have the power to issue writs for the enforcement of fundamental rights and for any other purpose.
2. Writs Under Article 226:
   • The writs that can be issued by the High Courts under Article 226 include:
     • Habeas Corpus: To protect an individual’s personal liberty.
     • Mandamus: To compel the performance of a public duty.
     • Prohibition: To prevent lower courts or tribunals from exceeding their jurisdiction.
     • Quo Warranto: To inquire into the legality of a person holding a public office.
     • Certiorari: To quash the order of an inferior court or tribunal.

Key Features:

1. Guardian of Fundamental Rights:
   • High Courts act as guardians of fundamental rights and can intervene to protect individuals from violations of these rights by the state or its agencies.
2. Review of Administrative Actions:
   • The power of judicial review extends to administrative actions, ensuring that government actions adhere to the principles of legality, reasonableness, and fairness.
3. Checks and Balances:
   • Judicial review establishes a system of checks and balances, allowing the judiciary to check and correct actions of the executive and legislative branches.
4. Expanded Scope:
   • The power of judicial review is not limited to fundamental rights but extends to any other purpose. High Courts can review the constitutionality and legality of various governmental actions and decisions.
5. Public Interest Litigation (PIL):
   • High Courts, through judicial review, play a crucial role in the development of public interest litigation. PIL allows individuals or organizations to approach the court for the enforcement of public interest, even in the absence of a direct personal interest.

Principles Guiding Judicial Review:

1. Constitution as the Supreme Law:
   • The Constitution is the supreme law of the land, and any law or action inconsistent with its provisions can be struck down by the High Courts.
2. Rule of Law:
   • Judicial review ensures adherence to the rule of law, preventing arbitrary and capricious actions by the government.
3. Reasonableness and Fairness:
   • Administrative actions are subject to review for reasonableness and fairness, ensuring that decisions are not arbitrary or irrational.
4. Protection of Individual Rights:
   • The primary purpose of judicial review is to protect and enforce the rights of individuals, including fundamental rights guaranteed by the Constitution.
5. No Excessive Interference:
   • While the judiciary has the power of judicial review, it does not interfere in matters of policy formulation or legislative discretion unless there is a clear violation of constitutional principles.

Scope and Limitations:

1. Legislative Acts and Administrative Actions:
   • High Courts can review the constitutionality of legislative acts and administrative actions.
2. Private Bodies:
   • The power of judicial review extends to actions of private bodies if they perform public functions or violate legal principles.
3. Limitation Period:
   • There may be limitations on the time within which an individual can approach the High Court for judicial review, ensuring that challenges are timely.
4. Doctrine of Laches:
   • If there is an unreasonable delay in seeking judicial review, the doctrine of laches may apply, barring the petitioner from relief.
5. Non-Justiciable Matters:
   • Certain matters, such as those involving political questions, may be non-justiciable and not subject to judicial review.

In conclusion, the power of judicial review vested in the High Courts is a cornerstone of the Indian legal system, providing a mechanism for individuals to seek protection against unconstitutional and unlawful actions by the government or other entities. It ensures the accountability of public authorities and contributes to the protection of individual rights and the rule of law.