Should Courts Review Delimitation Constitution Of India Although the constitution expressly limits judicial involvement in the delimitation process, the courts can interpret constitutional provisions—such as their powers to do complete justice—to assert that when fundamental rights are at stake, judicial intervention is both justified and necessary. A transformative 2024 supreme court decision in kishochandra chhaganlal rathod v. union of india has introduced a layer of judicial scrutiny, permitting review in instances of “manifest arbitrariness and irreconcilability to constitutional values”.
Should Courts Review Delimitation Constitution Of India The core issue was whether the high court was correct in dismissing a writ petition challenging the delimitation exercise, citing a bar on judicial interference in electoral matters. the supreme court, in this case, clarified the extent to which courts can review the orders of the delimitation commission. Short summary: in this piece, the author presents an overview of the way article 327 and 329(a) have been interpreted, and proposes a harmonious construction of the two that enables courts to review delimitation orders. the author concludes by noting what the judicial trend in this aspect has been, and analyses the key considerations courts […]. The court held that constitutional courts can undertake judicial review within a limited sphere at an appropriate stage in delimitation matters. the supreme court partially allowed the appeal and set aside paragraph 3 of the high court's judgment to the extent it held there is a bar to challenging delimitation orders. The supreme court clarified the scope of judicial review in delimitation matters under the delimitation act, 2002 and article 329 of the constitution. while delimitation exercises are predominantly immune to judicial scrutiny due to constitutional prohibitions, courts retain a narrow window to intervene when constitutional violations, arbitrariness, or mala fide actions are evident.
Should Courts Review Delimitation Constitution Of India The court held that constitutional courts can undertake judicial review within a limited sphere at an appropriate stage in delimitation matters. the supreme court partially allowed the appeal and set aside paragraph 3 of the high court's judgment to the extent it held there is a bar to challenging delimitation orders. The supreme court clarified the scope of judicial review in delimitation matters under the delimitation act, 2002 and article 329 of the constitution. while delimitation exercises are predominantly immune to judicial scrutiny due to constitutional prohibitions, courts retain a narrow window to intervene when constitutional violations, arbitrariness, or mala fide actions are evident. This recent ruling by the supreme court of india, invoking judicial review over the delimitation commission’s orders, marks a bold and crucial step by breaking the long standing barriers, ensuring transparency and accountability in the delimitation process, and reinforces the judiciary’s role as a guardian of citizens’ rights. The court disapproved the view taken by the high court in the impugned order where the high court held that the order of delimitation of constituencies, issued in the exercise of statutory powers under the delimitation act, is entirely insusceptible to the powers of judicial review exercisable under article 226 of the constitution.
Judicial Review In India Pdf United States Constitution Judicial This recent ruling by the supreme court of india, invoking judicial review over the delimitation commission’s orders, marks a bold and crucial step by breaking the long standing barriers, ensuring transparency and accountability in the delimitation process, and reinforces the judiciary’s role as a guardian of citizens’ rights. The court disapproved the view taken by the high court in the impugned order where the high court held that the order of delimitation of constituencies, issued in the exercise of statutory powers under the delimitation act, is entirely insusceptible to the powers of judicial review exercisable under article 226 of the constitution.
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Judicial Review Is An Inviolable Part Of The Basic Structure Of