Commonly included are transportation systems; bridges and buildings; water supply, pollution control, waste management, irrigation, and drainage systems; river and harbor improvements; dams and reservoirs. Research, testing, sales, management, and related functions are also a part of civil engineering. The environmental option for the civil engineering degree replaces some of the courses and electives in the general curriculum with further courses in chemistry, biology, and microbiology as well as specific topics in environmental engineering and design.
Judicial Review in India Last Updated: They try to undo the harm that is being done by the legislature by the legislature and the executive and also they try to provide every citizen what has been promised by the Constitution under the Directive Principles of State Policy.
All this is possible thanks to the power of judicial review. All this is not achieved in a day it took 50 long years for where we are right now, if one thinks that it is has been a roller coaster ride without any hindrances they are wrong judiciary has been facing the brunt of many politicians, technocrats, academicians, lawyers etc.
Few of them being genuine concerns, and among one of them is the aspect of corruption and power of criminal contempt. In this paper I would try to highlight the ups and downs of this greatest institution in India.
The rule of law is the bedrock of democracy, and the primary responsibility for implementation of the rule of law lies with the judiciary. It is the significance of judicial review, to ensure that democracy is inclusive and that there is accountability of everyone who wields or exercises public power.
As Edmund Burke said: In this kind of inclusive democracy, the judiciary has a very important role to play. That is the concept of accountability in any republican democracy, and this basic theme has to be remembered by everybody exercising public power, irrespective of the extra expressed expositions in the constitution.
Seervai in his book Constitutional Law of India noted that the principle of judicial review is a familiar feature of the Constitutions of Canada, Australia and India, though the doctrine of Separation of Powers has no place in strict sense in Indian Constitution, but the functions of different organs of the Government have been sufficiently differentiated, so that one organ of the Government could not usurp the functions of another.
Every State action has to be tested on the anvil of rule of law and that exercise is performed, when occasion arises by the reason of a doubt raised in that behalf, by the courts. The power of Judicial Review is incorporated in Articles and of the Constitution insofar as the High Courts are concerned.
In regard to the Supreme Court Articles 32 and of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public functions. The initial years of the Supreme Court of India saw the adoption of an approach characterised by caution and circumspection.
Being steeped in the British tradition of limited judicial review, the Court generally adopted a pro-legislature stance. This is evident form the rulings such as A.
Gopalan, but however it did not take long for judges to break their shackles and this led to a series of right to property cases in which the judiciary was loggerhead with the parliament. The nation witnessed a series of events where a decision of the Supreme Court was followed by a legislation nullifying its effect, followed by another decision reaffirming the earlier position, and so on.
The struggle between the two wings of government continued on other issues such as the power of amending the Constitution.
At the time, an effort was made to project the Supreme Court as being concerned only with the interests of propertied classes and being insensitive to the needs of the masses.
Between andthe Indian Supreme Court had held a mere one hundred Union and State laws, in whole or in part, to be unconstitutional. After the period of emergency the judiciary was on the receiving end for having delivered a series of judgments which were perceived by many as being violative of the basic human rights of Indian citizens 7and changed the way it looked at the constitution.
The Supreme Court said that any legislation is amenable to judicial review, be it momentous amendments8 to the Constitution or drawing up of schemes and bye-laws of municipal bodies which affect the life of a citizen9.
Judicial review knows no bounds except the restraint of the judges themselves regarding justifiability of an issue in a particular case.
Judicial Review of Political Questions: Judicial Review of constitutional amendments may seem involving the Court in political question, but it is the Court alone which can decide such an issue.
The function of Interpretation of a Constitution being thus assigned to the judicial power the State, the question whether the subject of law is within the ambit of one or more powers of the legislature conferred by the constitution would always be a question of interpretation of the Constitution.
This position has been reiterated in many other cases11 and in S.
Therefore, by the very nature of things which would govern the decision-making under Articleit is difficult to hold that the decision of the president is justiciable. To do so would be entering the political thicker and questioning the political wisdom which the courts of law must avoid.
Therefore, the Court cannot interdict the use of the constitutional power conferred on the President under Article unless the same is shown to be male fide. The real safeguard will be full judicial review extending to an inquiry into the truth and correctness of the basic facts relied upon in support of the action under Article as indicated by Justices Sawant and Kuldip Singh.Analyzing Your Business's Strengths, Weaknesses, Opportunities, and Threats.
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