Power of judicial review and Other Powers of Supreme Court
Q. Which of the following is/are true?
1) Supreme Court can review its own judgements.
2) Scope of Judicial review in USA is broader than that in India.- Published on 03 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
Power of Judicial Review -
- Judicial review means to check the constitutional validity of legislative enactments and executive orders of both the Central and state governments.
- It is essential for protecting fundamental rights of the citizens.
- It is also needed to maintain a balance between Union and States.
- Judicial review helps in upholding the principle of the supremacy of the Constitution.
- However, the phrase ‘judicial review’ has not been used anywhere in the Constitution.
One can challenge the constitutionality of a legislative enactment or an executive order in Supreme Court if -
1. Fundamental Rights are infringed by it.
2. It is incompatible with constitutional provisions.
3. It is outside the ambit of the authority which framed it.
- Scope of Judicial review in USA is broader than that in India.
- Our Supreme Court follows procedure established by law.
- This means that they see only substantive question i.e., if the law is within the powers of the authority concerned or not.
- It does not check reasonableness of the law.
- American Supreme Court follows due process of law that checks substantive question as well as reasonableness of the law.
Other Powers of Supreme Court -
- It is final authority for disputes regarding the election of the president and the Vice-President.
- On reference made by President, it enquires into the conduct of the chairman and members of the UPSC and gives advice which is binding on the President.
- It can review its own judgement or order.
- It can withdraw cases pending before the high courts and dispose them by itself. It can also transfer a case or appeal which is pending before one high court to another high court.
- Its law is binding on all courts in India and decree or order is enforceable throughout India.
- It is the ultimate interpreter of the Constitution.
- It has judicial superintendence and control over all the courts and tribunals in India.
- Parliament can enlarge the Supreme Court’s jurisdiction and powers with respect to matters in the Union list.
- Also, a special agreement of the Centre and the states can enlarge its jurisdiction and powers with respect to other matters.
