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Critically evaluate the principles of Judicial Review, with reference to India.

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Judicial Review refers to the power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive null and void, if it finds them in conflict the Constitution of India :

The critics describe Judicial Review as an undemocratic system. It empowers the court to decide the fate of the laws passed by the legislature, which represents the sovereign will of the people.

The Constitution of India does not clearly describe the system of Judicial Review. It rests upon the basis of several articles of the Constitution.

When a law is struck down by the Supreme Court as unconstitutional, the decision becomes effective from the date on which the judgement is delivered. Now a law can face Judicial Review only when a question of its consti-tutionality arises in any case being heard by the Supreme Court. Such a case can come before the Supreme Court after 5 or 10 or more years after the enforcement of that law. As such when the Court rejects it as unconstitutional, it creates administrative problems. A Judicial Review decision creates more problems than it solves.

Several critics regard the Judicial Review system as a reactionary system. They hold that while determining the constitutional validity of a law, the Supreme Court often adopts a legalistic and conservative approach. It can reject progressive laws enacted by the legislature.

Judicial Review is a source of delay and inefficiency.

The critics further argue that the Judicial Review can make the Parliament irresponsible as it can decide to depend upon the Supreme Court for determining the constitutionality/ reasonableness of a law passed by it.

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