“CONSTITUTIONAL VALIDITY OF JUDICIAL REVIEW AND THE RISK OF JUDICIAL OVERREACH”

Authors: Himasree Bommishetty & M. Bhuvaneswari Ram, Students of DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Best Citation – Himasree Bommishetty & M. Bhuvaneswari Ram, “CONSTITUTIONAL VALIDITY OF JUDICIAL REVIEW AND THE RISK OF JUDICIAL OVERREACH”, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 484-489, ISSN – 2583-2344.

ABSTRACT

In every Government, three organs are distinct from each other. They are Legislative, Executive, and Judiciary. The role of the Legislative organ of the State makes laws, the executive organ enforces the laws, and the Judiciary interprets, applies them, and reviews the laws.  Each organ while performing their specific powers and responsibilities they tend to intrude with the other branch functions. Thus, without overlapping with the functions and duties of other organs, The Indian Constitution draws a line between the three organs of the Indian Government by introducing a concept called the Separation of powers. They provide checks and balances to ensure that there is a separation of power, so no single organ has too much power over the other. The Judiciary plays a pivotal role among the other three branches because it has a responsibility to maintain the balance between the powers of other branches. The Judiciary should perform its functions and act like an independent and impartial body to protect the citizens’ rights and maintain the balance between the authorities. Further, in this article, we discuss in detail the concepts of Judicial Review and Judicial Overreach.