Question

What is meant by the term ‘Judicial Review’ of the High Court?

Answer 1

Hint:
High Court refers to the most superior court of a country or a state. In countries like India and England, it is positioned lower in the hierarchy of courts. Whereas in some countries, it is the highest court, for example: Australia.

Complete step by step solution:
The High courts in India are the principal civil courts and they are of the original jurisdiction. High Courts are present in every state and Union Territories. These High Courts exercise their original civil and criminal jurisdiction only if the lower courts are not authorized by law to try such matters.

The High courts have the power of Judicial Review. It is a process under which the judiciary can review any executive and legislative actions. Having the authority of Judicial Review, the High Courts may invalidate laws, acts and governmental actions which are incompatible with a higher authority. They can also invalidate any executive decision or statute for being unlawful or if they violate the terms of the constitution.

It acts like Checks and Balances in the separation of powers. This includes the power of our judicial system to supervise the executive and legislative branches when they exceed their authority. In India, the judicial review is done by the Supreme Court

Note:
Related Articles for the judicial review are:
- Article 32 (Right to constitutional remedy)
- Article 136 (Special leave to appeal by the Supreme Court)
- Article 226 (Power to High Courts to issue certain writs)
- Article 227 (Power of superintendence over all courts by the High Court)