Answer:

Introduction: Define judicial review and the relevant constitutional articles.

Body: Give arguments regarding the need for judicial review in the Indian context.

Conclusion: Highlight how judicial review is leading to judicial activism.

Answer:

Judicial review is the power bestowed upon the judiciary by Articles 13, 32 and 226 of the Indian Constitution, under which the judiciary can examine the constitutionality of legislative enactments and executive orders of both the central and state governments.

The judicial review is necessary for India because:

1. Upholding Supremacy of the Constitution - Supremacy of the Constitution implies that. legislature, executive and judiciary at both the central and state levels should operate within the jurisdiction prescribed by the Constitution. For example, The Supreme Court declared the 39th constitutional amendment act as unconstitutional, in the Indira Nehru Gandhi case (1975) as it intended to keep the election disputes related to the Prime minister and the Speaker of Lok Sabha outside the jurisdiction of all courts.
2. Maintaining Federal Equilibrium - The Supreme Court by exercising its judicial review power has evolved various doctrinese., the doctrine of federal supremacy, the doctrine of colourable legislation, the doctrine of pith and substance and the doctrine of harmonious construction etc. to resolve the contentious federal issues and thus maintaining federal equilibrium.
3. To protect the fundamental rights of the citizens - The Supreme Court by exercising its judicial review power enlarged the scope of Article 21 in Maneka Gandhi Case, 1978 and Puttaswamy Case, 2017 and also evolved the “Doctrine of Basic Structure” in the Kesavananda Bharati case, 1973, which curtailed the constituent powers of the Parliament concerning Fundamental rights. Thus, upholding and safeguarding the fundamental rights of the citizens.
4. To ensure independence of the judiciary - The Supreme Court using its power of judicial review struck down the NJAC bill by stating that the bill could affect the independence of the judiciary.

Thus, through judicial review, the judiciary upholds democracy in India. But in recent times, the judiciary by exercising its judicial review powers is moving towards judicial activism i.e., judges are trying to perform executive and legislative functions. For example: The Supreme Court banned the use of BS-IV vehicles from April 2020. But as the judiciary lacks the expertise in the administrative domain, it should practice judicial restraint and should prevent judicial adventurism.