Context: Delivering lecture on ‘Indian Judiciary-Future Challenges’  Chief Justice of India said there is a growing tendency to disregard and even disrespect the Court orders by the executive which is supposed to assist and co-operate for the rule of law to prevail in the nation.
Key concerns

Non-cooperative executive

• Highlighting the challenges before the judiciary, the Chief Justice of India said a ‘non-cooperative executive’ is one of the concerns.
• Courts do not have the power of the purse or the sword. Court orders are only good when they get executed. 
• The executive needs to assist and co-operate for the rule of law to prevail in the nation. However, there appears to be a growing tendency to disregard, and even disrespect court orders by the executive. 
• Unless the executive and legislation make sincere efforts to fill the judicial vacancies, appoint prosecutors, strengthen infrastructure, and make laws with a clear foresight and stakeholder analysis, the judiciary cannot be held responsible alone.

Liberate public prosecutors

• Stressing the need to liberate the institution of public prosecutors (PPs), the Chief Justice if India said PPs under the government do nothing to prevent frivolous and non-deserving cases from reaching the courts and automatically oppose bail applications, without independently applying their minds.
• They attempt to suppress evidence during the trial which could benefit the accused. A holistic rework needs to be undertaken and to insulate the public prosecutors, an independent selection committee may be constituted for their appointment.
• Explaining how the judiciary played a key role in nation-building, Chief Justice Ramana said that in the Kesavananda Bharti, the Court for the first time expounded on its power to review amendments to the constitution.

Attacks on judges

• Raising concerns over the increasing attacks on the judges, there are also concerted campaigns in print and social media against judges if parties do not get a favourable order. These attacks appear to be sponsored and synchronised.”
• Stating that the law enforcement agencies need to deal with such attacks effectively, he said authorities do not proceed with the investigation unless the Court passes orders.

Rising Media

• Another aspect that affects the fair functioning and independence of the judiciary is the rising number of media trials. New media tools have the enormous amplifying ability but appear to be incapable of distinguishing between right and wrong, good and bad and the real and fake.

Judicial review

• It is the power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution.

Constitutional backing to Judicial review

• Article 372(1) said that Judicial review of the pre-constitutional laws that were in force before the commencement of the Constitution of India.
• Article 13(2) is about any law made by the parliament after the commencement of the constitution shall be declared null and void by the Court.
• Article 251 and 254 states that if there is any inconsistency between the union and state law, the law of union shall prevail and the state law shall be deemed void.
• Under Article 32 or Article 226 of the constitution If any person’s Fundamental right is violated he/she can approach the court.

Supreme court cases
Kesavananda Bharti V. State of Kerala

• Court for the first time explained on its power to review amendments to the constitution.

Minerva Mills V. Union of India

• In this case, Judicial Review was added to the list of Basic Structure of the constitution.

I.R. Coelho V. State of Tamil Nadu

• In this case the court held that any act inserted in Schedule 9 can be judicially scrutinized but only those enactments which are inserted after 24th April 1973.

Importance of judicial review

• Judicial review is necessary to uphold the principle of supremacy of the constitution.
• The provision of judicial review prevents the misuse of power by the legislature and executive.
• It maintains the equilibrium between the centre and state, thereby maintaining federal equilibrium.
• The provision protects the fundamental rights of the citizens.
• This provision ensures the principle of the independence of the judiciary.

Scope of judicial review
Judicial review isn’t absolute as some conditions need to be met to challenge any law in the supreme court or the high courts, i.e., a law can be challenged only if:

• The said law infringes upon the fundamental rights guaranteed by the constitution.
• The said law goes against the provisions listed in the constitution.
• The law that has been enacted goes beyond the competency of the authority that has framed it.

Not applicability of judicial review

• A “money bill” is beyond the power of Judicial Review.
• Article 212 of the constitution of India provides that the Courts cannot inquire proceedings of the Legislature on the ground of any alleged irregularity of procedure.