Review & Adjudication
Testing Laws, Executive Action & The Synthesis of Supremacy
PART I — THE SCOPE OF REVIEW
LEGISLATIVE SCRUTINY
Review of Laws
- The Supreme Court can examine the constitutionality of legislative enactments (both Union and State laws).
- **Grounds for striking down a law:** 1. It infringes Fundamental Rights (Part III). 2. It is outside the competence of the authority which framed it (e.g., State making a law on a Union List subject). 3. It is repugnant to constitutional provisions.
ADMINISTRATIVE CHECKS
Review of Executive Action
- The Court reviews administrative actions, rules, and executive orders to ensure they do not exceed statutory limits.
- Executive actions can be struck down if they are *ultra vires* (beyond the powers) of the parent Act, or if they are arbitrary, unreasonable, or mala fide (violating Article 14).
- This ensures the bureaucracy and executive branch remain bound by the rule of law.
PART II — THE PHILOSOPHIES OF POWER
THE BRITISH MODEL
Parliamentary Supremacy
- Originating in the UK, this doctrine dictates that Parliament is the supreme legal authority.
- It can create or end any law. Courts in the UK **cannot strike down** primary legislation passed by Parliament as unconstitutional (because there is no written constitution to test it against).
- India *did not* adopt strict Parliamentary Supremacy, as Parliament's powers are limited by a written Constitution and Fundamental Rights.
THE MIDDLE PATH
The Indian Synthesis
- The framers synthesized the American principle of **Judicial Supremacy** (where the Supreme Court has wide powers of review) with the British principle of **Parliamentary Sovereignty**.
- The SC can declare laws unconstitutional (Judicial Review), but Parliament can amend major portions of the Constitution to overcome judicial decisions.
- This delicate balance is maintained by the **Basic Structure Doctrine**, preventing either pillar from absolute dominance.