Adoption Criticality and Coherence in the Experiences of Judicial Review in India Jurisprudential Evaluation with Reference to Superme Court Judgments

Abstract

newline India Constitution has assigned the Indian Supreme Court with the unmatchable power and newlineduty to act as a safety valve to check all forms of institutional tyranny and oppression. Among newlinethe other powers and duties of the court, the principle of judicial review holds utmost newlinesignificance, which cannot be achieved without an independent judiciary. Through judgment newlineanalysis and jurisprudential evaluation, the research work analyses the need to revisit the role newlineand scope of Judicial Review. In the last five years image of the Apex court is jolted in the eyes newlineof an ordinary person. A major issue in the contemporary Judicial review jurisprudence is the newlineinconsistencies in decisions of the Supreme Court. The research work deals with the lingering newlineproblem and culls out the pattern, standards, and current jurisprudence on the standards of newlinejudicial review od cases pertaining to Fundamental Right cases. To understand the true nature newlineof judicial review as a mode of controlling the legislature and administrative actions, the newlineresearch work looks at the history of judicial review in various Countries and India. The study newlinecritically evaluated the recent experiences of judicial review of the legislative and newlineadministrative action in India by analysing the leading judgments of the Supreme Court newlinepertaining to the fundamental Rights and traced out the grounds for judicial review. newlineAdditionally, India lacks a uniform administrative procedure and relies on the judicially newlinedeveloped principles of natural justice to secure fairness in administrative decision-making. In newlinethe legislative review context, these same requirements are read as necessary for legislation to newlinebe consistent with fundamental rights. However, the content of natural justice principles is not newlinethe same in these two fields, but gradually intermingling of principles has created newlineinconsistencies and confusion. The researcher has attempted an in-depth study of landmark newlinejudgments and portrays the gaps and loopholes left after the Maneka Gandhi....