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(..19..)
JUDICIARY UNDER THE CONSTITUTION.
UNION JUDICIARY (I.E., SUPREME COURT) (ART. 124- 147).
QUESTION BANK.
A.
Q. 1. Discuss the provisions relating to qualification, appointment of the judges of the
Supreme Court and different kinds of jurisdiction of the Supreme Court of India.
Q.2. How is independence of judiciary secured under the Indian Constitution?.
Q.3. Discuss the powers of the Supreme Court to declare the validity of law? State
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whether the Supreme Court can review its own decisions?
Q.4. Discuss the different kinds of Jurisdiction exercised by the Supreme Court.
Q.5. Explain the writ jurisdiction of the Supreme Court and that of High Court?
Q.6. Discuss fully the scope of Judicial Review under the Constitution.
SHORT NOTES.
1. Judicial Review.
2. Advisory Jurisdiction of Supreme Court.
3. Writ of Habeas Corpus.
4. Writ of Mandamus.
5. Judicial activism.
6. Judicial Independence.
SYNOPSIS
I.
INTRODUCTION.
II.
COMPOSITION OF COURT [Art. 124 (1)].
a) Appointment of Judges [Art. 124 (2)].
b) Qualification [Art. 124 (3)].
c) Term of Office [Art. 124 (2)].
d) Ad-hoc Judges (Art. 127).
III.
JURISDICTION OF THE SUPREME COURT.
1.
Original Jurisdiction-
a)
b)
Enforcement of fundamental rights (Art. 32).
Centre-State disputes (Art. 131).
2.
Appellate Jurisdiction (Art. 132 to 136).
i)
Appeal in constitutional matters (Art. 132).
Appeal in Civil matters (Art. 133).
Appeal in Criminal matters (Art. 134).
Appeal by special leave.
ii)
iii)
iv.
3.
Advisory jurisdiction (Art. 143).
NOTE.
1.
INDEPENDENCE OF JUDICIARY.
a)
b)
c)
d)
e)
f)
Appointment of Judges.
Jurisdiction.
Salary.
No discussion in the House.
Separation of Judiciary from the executive.
Contempt of Court.
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2 .WRIT JURISDICTION OF THE SUPREME COURT AND HIGH COURT
a)
Habeas Corpus.
Meaning-
Who may apply-?
Procedure -
b).
c).
Mandamus-
Prohibition.
Distinction between ‘writ of prohibition’ and ‘writ of certiorari’-
d).
Certiorari.
i).
Jurisdiction.
ii)
iii)
To correct error apparent on face of record-
Violation of nature justice.
e.
Quo Warranto.
Distinction between writ jurisdictions under Art. 32 (Supreme Court) and 226 (High
Court).
3.
JUDICIAL REVIEW.
I.
INTRODUCTION:-
India has a unified judicial system, with the Supreme Court at the apex and
the High Court below it. Thus, the Supreme Court enjoys the topmost position in the
country's judicial hierarchy. The Supreme Court is the interpreter and guardian of the
Constitution. It is the ultimate Court of appeal in all civil and criminal matters and the final
interpreter of the law of the land, the Court of record. Thus, it helps maintain uniformity of
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law throughout the country. The Supreme Court sits in Delhi.
II. COMPOSITION OF THE SUPREME COURT (Art. 124 (1)):-
The Supreme Court consists of a Chief Justice and other judges, as the
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other Judges.
a)
Appointment of Judges (Art. 124 (2)):-
The President appoints the Chief Justice of the Supreme Court after
consulting with such other Judges of the Supreme Court and the High Courts as he deems
necessary for the purpose. However, when appointing other judges, the president should
always consult with the chief justice of India.
b)
Qualification (Art. 124 (3)):-
A person to be appointed as the Judge of the Supreme Court should possess
the following qualifications-
i)
He should be a citizen of India.
ii)
iii)
iv)
c)
He has been the Judge of a High Court for at least five years or
He has been for at least ten years an advocate of a High Court, and
He is, in the opinion of the President, a distinguished jurist.
Term of Office (Art. 124 (2)):-
Judge of the Supreme Court holds office till he attains the age of 65 years.
The Judge may resign from office by writing to the President. The Judge may be removed
from his office by order of the President only on the grounds of proven misbehaviour or
incapacity (Art. 124 (4) and (5)). The order of the President can only be passed after it has
been addressed to both Houses of Parliament in the same session. The address should be
supported by a majority of the total membership of that House and also by a majority of
not less than two-thirds of the members of that House present and voting (Art. 124, (4)).
The procedure of presenting an address for investigation and proof of misbehavior or
incapacity of a Judge will be determined by the Parliament by passing a law (Art. 124 (5)).
This provision of the Constitution has ensured the security of the tenure of the Supreme
Court Judge.
Facts—Mr. Veeraswami was the Chief Justice of the Madras High Court in 1969. In 1976,
the C.B.I. registered a crime against him, charging him with collecting wealth
disproportionate to his known income sources and thus committing an offence under the
1 The Supreme Court (Number of Judges) Amendment Act, 2019 has increased number of Supreme Court judges
from 30 to 33.
2 (1919) 3SCC 655.
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Prevention of Corruption Act. The Appellant filed a petition in the High Court to quash the
F.I.R. filed by the C.B.I., which was dismissed.
Supreme Court- held that a Supreme Court and High Court Judge could be prosecuted
d)
Ad-hoc Judges (Art. 127):-
Suppose at any time there is no quorum of the judges available in the Court
to hold or continue any session of the Supreme Court. In that case, the Chief Justice of
India may, with the previous consent of the President and after the consultation with the
Chief Justice of the High Court concerned, request a Judge of the High Court to act as ad-
hoc Judge in the Supreme Court for such period as may be necessary. Ad-hoc Judges should
be qualified to be appointed as judges of the Supreme Court (Art. 127).
III.
JURISDICTION OF THE SUPREME COURT:-
The jurisdiction of the Supreme Court is explained under the following
heads.
1.
Original Jurisdiction:-
The original jurisdiction of the Supreme Court may be explained as follows.
Enforcement of fundamental rights (Art. 32):-
a)
The Supreme Court has been constituted as the guardian of fundamental
rights. Art. 32 empowered the Court to issue writs to enforce fundamental rights. These
writs are writs of habeas corpus, mandamus, prohibition, etc. (These writs are discussed in
3 Impeachment of Justice V. Ramaswami.
Facts- Impeachment proceeding was first time moved against Mr. Justice V. Ramaswami a sitting judge of the
Supreme Court. Allegation against him was that, while being Chief Justice of Punjab and Harinaya High Court, he
had purchased furniture, carpets and air-conditioners far in excess of the limits prescribed for Judges. A motion
sponsored by 108 MPs of the Ninth Lok-Sabha for his impeachment was admitted by the then Speaker, Mr. Rabi
Ray, he constituted a three Judge Committee of the Supreme Court Judges to inquire into the allegations of
“financial irregularities” against him under the Judges Inquiry Committee Act. The Ninth Lok-Sabha was dissolved
when Mr. V. P. Singh Government fell due to withdrawal of the support by the BJP. When the Tenth Lok-Sabha
was constituted after the Parliamentary elections, it took up for consideration of the impeachment motion. Justice
Ramaswami filed a petition in Supreme Court requesting it to issue a direction that the impeachment motion was
lapsed on the dissolution of the Ninth Lok-Sabha and the new Lok-Sabha cannot take it up for consideration.
The Court Held that the motion admitted by the Speaker of previous Lok-Sabha for his impeachment had not
lapsed on its dissolution and the three Judge Committee could probe into the matter under the Judges Inquiry Act.
The committee appointed to inquire in matter had come to the conclusion that there was “willful and gross misuse
of office, purposeful and persistent negligence in the discharge of his duties, intentional and habitual extravagance
at the cost of the public exchequer and moral turpitude by using public funds for private purposes in diverse ways.”
The impeachment motion was, however, defeated in the Lok-Sabha as it failed to get the support of the two-thirds
majority of the members present and voting. The Congress party abstained from voting. The result was that there
was 176 votes in favour of’ the impeachment but none against.
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detail at the end of this topic).
b)
Centre-State disputes (Art. 131):-
The Supreme Court has original jurisdiction in any dispute-
i) Between the Government of India (i.e., Central Government) and one or more states.
ii) Between the Government of India and any States on one side and one or more States on
the other.
iii) Between two or more States.
2.
Appellate Jurisdiction (Art. 132 to 136):-
The appellate jurisdiction of the Supreme Court can be divided into four main
categories. Viz,
i)
Appeal in constitutional matters (Art. 132):-
An appeal to the Supreme Court is available from any judgment, decree, or final
order of a High Court if it involves a substantial question of law regarding the interpretation
of the Constitution.
ii)
Appeal in Civil matters (Art. 133):-
An appeal lies to the Supreme Court from any judgment, decree, or final order in a
civil proceeding of a High Court only if the High Court certifies (under Art. 134-A) that-
a)
b)
The case involves a substantial question of law of general importance, and
In the opinion of the High Court, the said question needs to be decided by the
Supreme Court.
iii) Appeal in Criminal matters (Art. 134):-
An appeal lies to the Supreme Court from any judgment, final order, or sentence in
a criminal proceeding of a High Court in the following two ways-
a)
Without a certificate from the High Court.
Appeal to the Supreme Court lies from the judgment of a High Court without a
certificate of it if-
i)
The High Court, on appeal, has reversed an order of acquittal of an
accused person and sentenced him to death.
ii)
The High Court has withdrawn any case for trial before itself from any
court subordinate to its authority. It has, in such a trial, convicted the
accused person and sentenced him to death.
b)
A certificate from the High Court, i.e., if the High Court certifies that the case is fit
for appeal to the Supreme Court.
iv.
Appeal by special leave:-
Under Art. 136, the Supreme Court is authorised to grant in its discretion
special leave to appeal from any judgment, decree, determination, sentence, or order passed
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by any court or tribunal in the territory of India (except the tribunal constituted under the
Armed Forces Act).
This Article vests very wide powers in the Supreme Court. Under this
Article, a number of appeals are preferred before the Supreme Court.
3.
Advisory jurisdiction (Art. 143):-
If at any time it appears to the President that-
a)
b)
A question of law or fact has arisen or is likely to arise and
The question is of such a nature and such public importance that it is expedient to
obtain an opinion of the Supreme Court upon it; the President may refer the question for
the advisory opinion of the Supreme Court, and the Court may, after such hearing as it
thinks fit, report (or may not report) to the President its opinion thereon.
However, if the President refers to the Supreme Court any matter regarding
the pre-constitution treaty, agreement, covenant, etc., the Court shall be bound to give its
opinion thereon. The President must decide what question should be referred to the Court.
The opinion is not binding on the President.
Facts- The Supreme Court’s opinion on the question of whether a Ram temple originally
existed at the site where the Babri Masjid subsequently stood.
The Supreme Court held that this question is useless, opposed to secularism, and
favourable to one religious community and, therefore, does not require answering.
NOTE.
1.
INDEPENDENCE OF JUDICIARY:-
The Constitution makes various provisions to ensure the independence of the
judiciary from the rest of the two organs. Viz.
a) Appointment of Judges:-
The President appoints the Chief Justice of the Supreme Court, with the
consultation of such numbers of judges as the Supreme Court and the High Courts, as he
deems necessary for the purpose. However, when appointing other judges, the President
should always consult the Chief Justice of India (Art.124 (2)). The President’s power under
this Article is formal because the President acts according to the advice of the Council of
Ministers and the Prime Minister as its head. Constitutional framers wanted to keep the
judiciary independent from the interference of the Executive (i.e., the Prime Minister and
the Council of Ministers); hence, they laid conditions on the President to consult with other
Judges. However, on April 25, 1973, the Government suddenly broke this 22-year-old
4 AIR 1992 SC 522.
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practice. Mr. A.N. Ray was appointed Chief Justice of India, superseding three senior
colleagues, i.e., Justice Shelat, Hegde, and Grover. Eight hours after the swearing-in
ceremony of Mr. A.N. Ray as the Chief Justice of India, the three Judges resigned from the
Supreme Court. The action of the Government raised great controversy. The Supreme
Court Bar Association condemned the action of the Government in superseding the three
eminent Judges of the Supreme Court. According to the resolution, the Government’s
action was a blatant and outrageous attempt to undermine the independence and
impartiality of the judiciary and lower the prestige and dignity of the Supreme Court. The
Government, however, justified its action on the following grounds:
Firstly, according to Art. 124 of the Constitution, the President has absolute discretion to
appoint anyone he finds suitable for the post of Chief Justice of India.
Secondly, it was argued that the Government followed the Law Commission's
recommendations in appointing the Chief Justice and superseding the three senior judges.
In 1977, when the Janata Party formed the Government, defeating the
Congress Party in general elections, it reviewed the old policy of seniority, stating that it
the Supreme Court unanimously agreed with the meaning of the term ‘consultation’ as
explained by the majority in Sankalchand Sheth’s Case. The meaning given in that case
was that the ultimate power to appoint judges is vested in the Executive (i.e., the President).
But in a landmark judgment in S. C. Advocate-on-Record Association v. Union
that the Chief Justice of India should be consulted regarding the appointment of Judges of
the Supreme Court and the High Courts.
b)
Jurisdiction:-
The Constitution conferred wide powers on the jurisdiction of the Supreme
Court, whereby the Parliament can extend the jurisdiction of the Supreme Court but cannot
curtail it.
c)
Salary:-
The judges' salaries are paid out of the consolidated fund and cannot be
5 In Sankalachand Sheth’s Case (AIR 1977 SC 2328).
Supreme Court Held- that the word ‘consultation” meant full and effective consultation.
6 AIR 1982 SC 149.
7 (AIR 1993) 4 SCC 441.
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reduced except in a grave financial emergency.
d) No discussion in the House:-
No discussion shall take place in Parliament with respect to the conduct of
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the Judge of the Supreme Court or a High Court in the discharge of his duties (Art. 121 and
211). However, the impeachment proceeding can be moved in Parliament against any judge
of the Supreme Court or a High Court.
e)
Separation of Judiciary from executive:-
Art. 50 directs the State to take steps to separate the judiciary from
executives. It emphasises the need to secure the judiciary from interference by the
executives.
f)
Contempt of Court:-
The Supreme Court and High Courts are empowered to punish those who are
guilty of contempt of Court (Art. 129 and 215).
***
2.
WRITE JURISDICTION OF THE SUPREME COURT AND HIGH
COURT:-
Art. 32 and 226 confer writ jurisdiction on the Supreme Court and High
Court, respectively. ‘Writ’ is an instrument or an order of the Court that directs an
individual or an administrative authority to do some act or abstain from doing something.
The court can issue the following types of writs. Viz,
a)
Habeas Corpus:-
Meaning- The Latin phrase ‘Habeas Corpus’ means ‘have the body’ or ‘bring the body’.
By this writ, the court directs the person or authority who has detained another person to
bring the prisoner's body before the Court so that the Court may decide the validity,
jurisdiction or justification for such detention. The object of this writ is to release a person
from illegal detention and not to punish the detaining authority. However, in appropriate
Who may apply?
A person illegally detained may apply for a writ of habeas corpus. But if the
prisoner himself cannot make such an application, it can be made by any other person with
interest in the prisoner, e.g., his wife, father, brother, friend, etc. Even in many cases, a
8 In Thameen Ansori’s Case (Reported in Indian Express, Dt 5th May, 2003
pg. 2) Facts- The Madras High Court has directed the State Government to pay a compensation of Rs. 1 lakh to
Thameer Ansan for wrongfully detaining him for four months under the Goondas Act.
9 In Bandhu Mukti Morcha v. Union of India, (AIR 1984 SC 803).
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Habeas Corpus (Public Interest Litigation).
Facts—Bhavasagar was a merchant. Police arrested him on 26-9-1992. His friends filed a
Habeas Corpus Writ before the High Court; the state filed a false application that they had
not arrested him. The High Court appointed a Commissioner, who reported with evidence
to the High Court that the Police illegally arrested Bhavasagar.
Held—The High Court ordered Bhavasagar's release from police custody and the state
government's payment of Rs. 20,000/—as compensation for his illegal arrest.
b) Mandamus:-
Meaning, nature, and scope:-
‘Mandamus’ means a command. It is an order issued by a court to a public
authority asking it to perform a public duty imposed upon it by the Constitution or any
Facts-An organization dedicated to the cause of release of bonded labourers informed Supreme Court through a letter
that they conducted a survey of the stone-quarries situated in Faridabad District of the State of Haryana and found that
there were large number of labourers working in these stone-quarries under “inhuman and intolerable conditions” and
many of them were bonded labourers. Petitioners prayed that a writ be issued for proper implementation of the various
provisions of the Constitution and statutes with a view to ending the misery suffering and helplessness of these
labourres, and release of bonded labourers. The Court treated letter as a writ-petition, and appointed Commission
consisting of two advocates to visit these stone-quarries and make an inquiry and report to the Court about the
existence of bonded labourers. Speaking for the majority Bhagwati. J. Held that ‘poor in India can seek enforcement
of their fundamental rights from the Supreme Court by writing a letter to any judge. Also such a letter does not have
to be accompanied by an affidavit. Such letter need not be addressed to any judge but to court
10 (1993)
Kanu Sanyal vs. District Magistrate, Darjeeling (MR 1974 SC 510)
Facts- Kanu Sanyal was a top communist leader. He was arrested and detained by Visakhapatnam Police. A habeas
corpus petition was filed praying for production of Kanu Sanyal before the Court. The Advocate representing the
police argued that habeas corpus would be applicable where the person was detained illegally, and in the case of Kanu
Sanyal it could not apply because he was legally detained.
Held- The Supreme Court did not accept the State’s argument. It ordered for the production of Kanu Sanyal.
10 Procedure.
i)
must state all the Facts and circumstances of an illegal arrest.
ii) If the court is satisfied that there is prima facie case for granting the prayer, it will issue a ‘rule nisi’ calling
Every application for the writ of Habeas Corpus must be accompanied by an affidavit of the applicant and
upon the detaining authority on a specified day to show cause as to why the rule nisi (interim order of release) should
not be made absolute.
iii)
a)
On the specified day, the court will consider the merits of the case and will pass an appropriate order-
If the court is satisfied, that the detention was not justified, it will issue the writ and direct the detaining
authority to release the prisoner forthwith. Or,
b) On the other hand, if according to the court, the detention was justified, the rule nisi (interim order of release)
will be discharged.
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other law.
Mandamus can be granted only when-
A legal duty is imposed on the authority in question, and
The petitioner has the legal right to compel the performance of that duty from
a)
b)
such public authority.
Who may apply-?
A person whose right has been infringed may apply for a writ of mandamus. Thus,
in the case of an incorporated company, the company itself should file the petition.
Against whom mandamus would lie:-
Writ of mandamus is available against Parliament and legislatures, courts and
tribunals, the Government and its officers, local authorities like Municipalities, Panchayats,
State-owned corporations, Universities, and other Educational Institutions, against
Election Authorities, and other authorities falling under the definition of ‘State’ under Art.
12 of the Constitution.
Facts- The Corporation agreed with Lotus Hotel Group to finance the hotel's construction.
However, the Corporation did not release funds.
Held- The Gujarat High Court issued a mandamus writ against the Corporation to release
the agreed-upon funds.
c)
Meaning, nature, and scope:-
The writ of Prohibition can be issued by the Superior Court (i.e., Supreme
Prohibition:-
Court or High Court) to the inferior Court or tribunal or authority forbidding it from
continuing with a proceeding or suit on the ground that the proceeding or case is without
or in excess of jurisdiction. This writ is based on the principle ‘Prevention is better than
cure’.
Who may apply-?
Where the defect of jurisdiction is apparent on the face of proceedings, an
application for prohibition can be brought by the aggrieved party and a stranger.
Against whom it lies:-
Since a writ of prohibition is a judicial writ, it may be issued against Courts,
Tribunals, and other quasi-judicial authorities such as tax Authorities, customs authorities,
settlement officers, etc.
The distinction between ‘writ of prohibition’ and ‘writ of certiorari’:-
Both are judicial writs issued by the Superior Court (i.e., Supreme Court or
11 AIR 1983 SC 848.
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High Courts) against (inferior) Courts and Tribunals. But they differ in the point of time of
issuance of it.
The writ of Certiorari is issued to quash the decision already given. In
contrast, the writ of Prohibition is issued to prevent the lower Court's exercise of the wrong
jurisdiction in the proceeding before it.
d)
Certiorari:-
Meaning- ‘Certiorari’ means ‘to certify’. Certiorari in England requires that a superior
court (for instance, the King’s Court) certify to the King that a lower court or tribunal has
acted properly in a particular case. The King’s Court would call for the record of a
subordinate court connected with the proceeding of the case, and if it is found that the lower
Court's order, decision, or determination was palpably wrong, the Court will quash it.
The writ of Certiorari in India is issued either to quashed a decision of the lower
Court or tribunal or to remove a case from an inferior tribunal to be tried by a higher Court
(i.e., by the Supreme Court or High Court). However, in India, the writ of Certiorari is
mostly issued to quash the decisions of the inferior Courts or tribunals on the ground of
using an excess of jurisdiction.
Grounds of issue:-
A writ of Certiorari may be issued on the following grounds-
i).
Without Jurisdiction:-
When an inferior court or tribunal acts without jurisdiction vested in it by the law,
fails to exercise jurisdiction vested in it, or abuses the jurisdiction, a writ of Certiorari may
be issued against it.
Facts—The Minister was not empowered to revoke a license, but he passed an order
revocating it.
Held- The order was quashed because it was without jurisdiction and, therefore, ultra vires.
ii)
To correct errors apparent on the face of the record:-
If an error of law is apparent on the face of the record, the decision of the
inferior Court or tribunal may be quashed by the writ of Certiorari.
iii)
Violation of natural justice:-
A writ of Certiorari is issued by a subordinate Court or tribunal in violation
of the principles of natural justice.
Who may apply-?
Generally, the person whose right has been affected may apply for a writ of
Certiorari. However, if the question affects the public at large, any person may apply.
12
(1934) 1 K.B. 277.
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e) Quo Warranto:-
Meaning- ‘Quo Warranto’ means ‘what is your authority’, or ‘show your authority’.
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It is issued against an occupier or usurper of an independent substantive public office of
permanent character to show by what authority he holds the same. If he is found to be
holding such public office without authority, the writ of Quo Warranto ousts him from his
office. However, the writ also protects the holder of a public office from being deprived of
that office illegally.
Held- The Andra Pradesh High Court quashed the appointment of the Government Pleader
on the ground that the rule for the said appointment was not complied with.
Who may apply?
Any private person may apply for a writ of Quo Warranto challenging the
legality and validity of an appointment to a public office even though he is not personally
aggrieved or interested in the matter.
The distinction between writ jurisdictions under Art. 32 (Supreme Court) and under
Art. 226 (High Court).-
The Supreme Court, under Art. 32, and a High Court, under Art. 226, can
issue directions, orders, or writs. However, there are some differences between these two.
1.
The right is guaranteed under Art. 32 can be exercised to enforce fundamental
rights only by the Supreme Court, whereas the right under Art. 226, can be exercised for
enforcement of –
a)
b)
the fundamental rights, as well as,
for any other purpose (i.e., to enforce any other legal right) by the High Court.
Thus, with this respect, the power of the High Court on the subject matter is wider than the
power conferred by Art. 32 on the Supreme Court.
2.
The jurisdiction of the Supreme Court under Art. 32 is India-wide, whereas the
jurisdiction of the High Court under Art. 226, is restricted to the territory of that State where
the High Court is situated. It is also subject to the Supreme Court’s jurisdiction.
3.
right. Therefore, the issue of the writ may be refused.
4. Remedy provided in Art. 226 is discretionary, and the High Court always has the
Art. 32 is itself a fundamental right. On the other hand, Art. 226 is not a fundamental
discretion to refuse to grant any writ if it is satisfied that the aggrieved party can have
adequate or suitable relief elsewhere. Accordingly, this remedy cannot be claimed as a
right.
However, the remedy under Art. 32 is itself a fundamental right; hence, it does not
13 AIR 1981 A.P. 24.
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depend upon the discretion of the Court but can be claimed as a right.
3. JUDICIAL REVIEW:-
A) Judicial review of its own Judgments:-
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Art. 137 empowers the Supreme Court to review its judgment. This power of the
Supreme Court is subject to any law passed by the Parliament. The Supreme Court can
exercise this power of review-
a)
b)
c)
If it discovers any new important matter of evidence.
If it discovers any apparent mistake or error on the record's face.
On any other sufficient and reasonable ground.
Facts- Petitioner sought the review of an earlier judgment of the Supreme Court on the
ground that certain observations in the judgment amounted to almost branding him as an
uneducated criminal, that is, guilty of abetting, forgery, and perjury, which were unmatched
and should, therefore, be canceled.
Supreme Court held- that a judgment of the final Court of the land is final. A review of
such a judgment is an exceptional phenomenon, permitted only where a grave and glaring
error or other well-established ground is made out.
B) To Examine the Legality of Law:-
Review can be sought to examine the constitutionality of any central or State
enactment or executive order. If they violate the Constitution. The need for such type of
review is –
Need – to protect fundamental rights.
-to uphold the supremacy of the Constitution.
-to maintain federal equilibrium.
*****
14 AIR 1976 SC 2183.