Question

Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following questions: 

1. What is meant by Judicial Review?
2. What is the significance of the power of Judicial Review?
3. Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.

Answer 1

1. The Supreme Court analyses the Constitution, and its decisions are definitive.
   1. It has the authority to evaluate laws passed by the Union or State Legislatures.
   2. The Supreme Court may declare legislation 'ultra vires' or null and unconstitutional if it violates the Constitution or any of its provisions. This is known as the power of judicial review.
2. Although the Legislature has the highest position in a democracy, the power of Judicial Review is also significant for several reasons.
   1. The Indian Constitution is written. When an item of the Constitution or law is unclear, it raises the question of how to interpret it. The Supreme Court's judicial review authority determines the Constitution's final interpretation.
   2. The Constitution grants complete power to the Centre and States. A federal government may struggle to function effectively if the Union Government or States exceed their limitations. Only the Supreme Court can resolve disputes between the Union Government and its parts.
   3. The Legislature lacks the ability and equality to explain the true meaning of legislation. This function is best fulfilled by a judicial body alone. Judicial Review enables the Executive, Legislative, and Judicial branches of government to function effectively.
3. The following devices ensure the independence of the judiciary:
   1. Appointment of Supreme Court Judges: The President meets with the Cabinet, Supreme Court, and High Court Judges before appointing each judge. The appointment of judges involves both the judicial and executive branches. 
   2. Removal of Judges: Judges cannot be removed from office through conventional procedures. The president can only disqualify a judge for proven misconduct or incapacity. Both Houses of Parliament must deliver a joint address with a two-thirds majority of present and voting members to support this claim. The phrase 'proven' is crucial. An address can only be submitted when an impartial tribunal thoroughly evaluates the charges.
   3. Security of Tenures: Judges can serve until they reach the age of 65. The President can remove someone for "proven misbehaviour or incapacity."
   4. Security of Salaries and Service Conditions: Judges' salaries, allowances, and other benefits are not subject to change throughout their term of service. Judges' salaries cannot be cut except during financial emergencies. Their salaries and allowances are charged to the consolidated fund of India and are not subject to parliamentary approval.