Can you find examples where the Judiciary has asked lawmakers to review a law? Can you find any instances when the implementation of a law has been questioned by the Judiciary?
Students should research examples of judicial review.
One significant example is the Supreme Court striking down the National Judicial Appointments Commission (NJAC) Act, 2015, upholding the collegium system for judicial appointments.
Another instance is the Court reading down Section 377 of the IPC to decriminalize consensual homosexual acts. Similarly, the Court struck down the triple talaq practice as unconstitutional.
Furthermore, the Right to Privacy was recognized as a fundamental right under Article 21.
Regarding implementation, courts have issued directions in cases like environmental protection measures, police reforms, food security implementation, and Right to Education implementation.
These examples show the Judiciary's role in ensuring laws and their implementation conform to Constitutional principles.
Explanation
The chapter explains that the Judiciary has the power to check that laws passed by Parliament have not violated the Constitutional framework. Similarly, if a violation of the Constitution occurs when laws are implemented by the Executive, the Judiciary has the power to step in. This is part of the system of checks and balances.
Solution Steps
Supreme Court struck down the NJAC Act, 2015.
Court read down Section 377 of the IPC.
Court struck down triple talaq practice.
Right to Privacy recognized under Article 21.
Courts issued directions on environmental protection and police reforms.
Courts monitored food security and Right to Education implementation.