LIJDLR

Judicial Review

KESAVANANDA BHARATI V. STATE OF KERALA: A LANDMARK IN THE DEVELOPMENT OF INDIA’S JUDICIAL PROCESS

Volume III Issue IV /

KESAVANANDA BHARATI V. STATE OF KERALA: A LANDMARK IN THE DEVELOPMENT OF INDIA’S JUDICIAL PROCESS Akansha Barua , LL.M. (Cyber Law), IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.147 The judgment in Kesavananda Bharati v. State of Kerala (1973) is widely regarded as a turning point in India’s judicial and constitutional history. Delivered by a thirteen-judge bench of the Supreme Court, this case addressed the scope of Parliament’s amending power under Article 368 of the Constitution. The central issue was whether Parliament’s authority extended to altering the very foundation and identity of the Constitution. By a narrow margin of 7:6, the Court propounded the Basic Structure Doctrine, which held that while Parliament has extensive amending powers, it cannot destroy or abrogate the essential features that form the Constitution’s identity. These include the supremacy of the Constitution, the rule of law, judicial review, democracy, secularism, separation of powers, and fundamental rights. This doctrine preserved the sanctity of the Constitution and redefined the relationship between the legislature and the judiciary by establishing the latter as the ultimate guardian of constitutional principles. The judgment was particularly significant during the Emergency period (1975–77), when democratic values and fundamental rights were under threat. It prevented the concentration of absolute power in the hands of transient parliamentary majorities, thereby safeguarding India’s democratic framework. Thus, the Kesavananda Bharati judgment not only curtailed the risks of authoritarianism but also reaffirmed the Constitution as a living document that is flexible yet firmly anchored in its core principles. It remains the cornerstone of Indian constitutional jurisprudence and the defining moment that shaped the future of judicial review and constitutionalism in India.

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THE FUTURE OF JUDICIAL REVIEW IN INDIA: CHALLENGES AND OPPORTUNITIES IN THE 21ST CENTURY

Volume III Issue IV /

THE FUTURE OF JUDICIAL REVIEW IN INDIA: CHALLENGES AND OPPORTUNITIES IN THE 21ST CENTURY Shreya Saxena, LLM (IP), Amity University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.146 This paper critically examines the evolving landscape of judicial review in India, focusing on the multifaceted challenges and nascent opportunities presented by the technological advancements and socio-political dynamics of the 21st century. It specifically investigates how the integration of artificial intelligence and online dispute resolution mechanisms, while promising efficiency, concurrently introduces complex questions regarding due process, data privacy, and the fundamental right to access justice. Furthermore, the burgeoning caseload within the Indian judiciary necessitates innovative solutions, and AI-powered tools are emerging as potential aids for judges, particularly in research and preliminary judgment formulation. The Supreme Court of India’s e-Courts project, alongside initiatives like SUPACE and SUVAS, exemplifies a proactive embrace of technology to enhance judicial efficiency and address environmental sustainability concerns inherent in traditional paper-based systems. This digitalization effort is crucial given the over 4.32 crore cases pending across various courts, placing a significant burden on the judiciary to enhance its operational efficiency. The transition to digital platforms, accelerated by events such as the COVID-19 pandemic, has been pivotal in managing this burden, facilitating virtual hearings and enabling faster redressal of matters. Beyond these immediate benefits, the strategic implementation of artificial intelligence in legal processes, such as the Supreme Court’s SUVAS system, has also demonstrated significant progress in translating complex legal documents into multiple regional languages, thereby improving accessibility and comprehension for a diverse populace. This technological integration also holds promise for streamlining judicial review itself, potentially aiding in case management, precedent analysis, and even the identification of systemic legal inconsistencies. This integration, however, necessitates a rigorous examination of its implications for the foundational principles of judicial review, including its potential to either reinforce or erode judicial independence and accountability. The present analysis critically assesses these developments through the dual theoretical lenses of “Law and Society” and “Legal Realism,” thereby providing a nuanced understanding of the interplay between legal norms, technological innovation, and societal impact.

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JUDICIAL ACTIVISM AS AN INSTRUMENT OF ACCOUNTABILITY IN INDIA: AN ANALYSIS THROUGH RECENT LANDMARK JUDGMENTS

Volume III Issue III /

JUDICIAL ACTIVISM AS AN INSTRUMENT OF ACCOUNTABILITY IN INDIA: AN ANALYSIS THROUGH RECENT LANDMARK JUDGMENTS Vikash Kumar Das, LLM Student at Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2025.v03.90 The recent landmark judgment in The State of Tamil Nadu vs. Governor of Tamil Nadu & Anr., 2025, wherein the Hon’ble Supreme Court set a deadline for the President and Governors to act upon Bills within a prescribed timeline, has sparked intense debates on the separation of powers and judicial overreach. Judicial activism and the doctrine of separation of powers in India have been subjects of intense debate for decades. Through judicial activism, the Judiciary safeguards the constitutional framework and the rights of the people from the arbitrary exercise of power by the other branches of government. Hence, its role becomes imperative, although it often faces critical remarks and power struggles from the Legislature and the Executive. This Research Article examines the concept of Judicial Activism through the lens of recent landmark judgments. It discusses the constitutional perspective of judicial activism and the separation of powers. It delves into how judicial activism is an instrument for safeguarding constitutional values and helps establish good governance. This research paper highlights the role of judicial activism in laying the foundation for accountable government, safeguarding the rights of the people, and upholding constitutional values in this modern era through the lens of Constitutional Provisions and recent landmark judgments. It further highlights how it led to the formulation of welfare-oriented policies and legislation aimed at advocating the common good and fostering good governance, irrespective of the criticism it faces. The research article employed doctrinal and secondary legal databases to conduct this research.

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BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE

Volume III Issue II /

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE Dr Deepakshi Joshi, Principal, Chanakya Law College, Rudrapur, Kumaun University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.55 The Supreme Court of India established the Basic Structure Doctrine in the landmark judgment of Kesavananda Bharati v State of Kerala in 1973,[1] Creating a fundamental safeguard that protects the essential features of the Indian Constitution from being altered by parliamentary amendments.¹ This doctrine holds significant constitutional, social, and political implications. From a constitutional perspective, it preserves the Constitution’s fundamental identity by ensuring that core values—such as democracy, secularism, and justice—remain inviolable notwithstanding legislative changes. Socially, it affirms the protection of citizens’ fundamental rights and freedoms, thereby playing a vital role in upholding social justice and equality. Politically, the doctrine strengthens the system of checks and balances through judicial review, thus securing the democratic framework of governance. Overall, this principle has profoundly influenced the shaping of India’s democratic ideals, the protection of individual rights, and the maintenance of the balance of power between the judiciary and legislature.  

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THE ROLE OF COMMITTEE OF CREDITORS (COC) IN SHAPING RESOLUTIONS

Volume III Issue I /

THE ROLE OF COMMITTEE OF CREDITORS (COC) IN SHAPING RESOLUTIONS Nikhil Rawat, LL.M. (Corporate Banking & Insurance), Amity Law School, Noida (U.P.) Dr Amit Dhall, Assistant Professor, Amity Law School, Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.32 The advent of the Insolvency and Bankruptcy Code, 2016 (IBC) in India marked a seminal shift in how financial distress is addressed. At the heart of this reform lies the Committee of Creditors (CoC), a body tasked with steering the Corporate Insolvency Resolution Process (CIRP). This paper critically examines the role of the CoC in shaping corporate resolutions, balancing creditor rights with debtor protections, and influencing the efficiency and outcomes of the insolvency process. Through an analysis of statutory frameworks, landmark judicial decisions, and practical implications, the paper reveals the evolving jurisprudence and real-world dynamics surrounding the CoC’s decision-making authority. It argues for a more nuanced understanding of commercial wisdom, transparency, and accountability, especially in light of the increasing scrutiny by courts and stakeholders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 787-806. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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TRANSFORMATIVE JUSTICE: JUDICIAL ACTIVISM AS A CATALYST FOR CONSTITUTIONAL EVOLUTION IN INDIA

Volume II Issue IV /

TRANSFORMATIVE JUSTICE: JUDICIAL ACTIVISM AS A CATALYST FOR CONSTITUTIONAL EVOLUTION IN INDIA Saara Upadhyaya, B.A.LL.B student at Kalinga Institute of Industrial Technology, School of Law. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.41 In an era where the boundaries of rights and governance are constantly tested, judicial activism emerges as a significant force for constitutional interpretation, reshaping the landscape of justice and democracy. The necessity of Judicial Activism is prevalent in all the cases where there is a want of justice that is not legislated by a specific law but is established through constitutional principles. This paper aims to explore and discuss the role of judicial activism in the interpretation of the Constitution. It highlights the important features of judicial activism in establishing constitutional law in India and also discusses its types. It also discusses how judicial activism differs across various countries and legal systems and gives a Comparative analysis of judicial activism between India, Pakistan, South Africa, Canada, and the USA. This study throws light on how two distinct philosophies, i.e. judicial activism and judicial restraint differ in interpreting the Constitution in their ways. This paper discusses and analyses some of the most prominent case laws like Keshavananda Bharathi vs State of Kerala, Golakhnath vs State of Punjab, and Vishaka vs. State of Rajasthan that shaped judicial activism in India. This study reflects on the importance of maintaining a judicious approach to activism within the judiciary while upholding constitutional values. It concludes with recommendations and highlights the importance of judiciary intervention in the Constitution. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 17-32. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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APPLICATION OF BASIC STRUCTURE DOCTRINE TO CONTEMPORARY ISSUES: A FOCUS ON JUDICIAL REVIEW

Volume II Issue III /

APPLICATION OF BASIC STRUCTURE DOCTRINE TO CONTEMPORARY ISSUES: A FOCUS ON JUDICIAL REVIEW Sathiyanathan S, Student at Symbiosis Law School, Noida Elamathy S, Student at School of Excellence in Law, TNDALU, Tamil Nadu Download Manuscript doi.org/10.70183/lijdlr.2024.v02.11 The Constitution of India, being the “mother law of the land,” is framed by the founding fathers with keeping in soul the parent patria concept to fetch the utmost good to its citizens (children). No other law of the land other than the constitution shall be supreme. Such a supreme power – our constitution adjusts itself and allows us to make alterations to run in parallel with our dynamic societal changes. Yet, some portions of the constitution should be touched to make any kind of alterations as it withholds the constitution as a basic pillar, as a balancing block, and so on to preserve the main purpose of the constitution. Such a static strong portion is called the name, “Basic structure of the Constitution.” The concept was evolved in the many yesteryears, and through theories by eminent jurists and various precedents, it came into the contemporary shape to be called the doctrine of basic structure or doctrine of constitutionally controlled governance. There are various characteristic traits which fit in the purse of basic structure. And one such significant and paramount basic structure is the judicial review. In this article, we will know about the basics of basic structure, its origin, elements, its application with the contemporary issues, precedents which withheld those, judicial review, its relevance with stability and in synchronization with the basic structure with the relevant constitutional amendments and the contemporary tug of battle between the enacting and the interpretation wings of the Government. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 164-185. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANTI-DEFECTION LAW: A CRITICAL ANALYSIS OF THE ROLE OF SPEAKER UNDER INDIAN ADMINISTRATIVE LAW

Volume II Issue III /

ANTI-DEFECTION LAW: A CRITICAL ANALYSIS OF THE ROLE OF SPEAKER UNDER INDIAN ADMINISTRATIVE LAW Sabari veera V, Student at The Tamilnadu Dr Ambedkar law University School of Excellence in Law Tasneem Banu T, Student at The Tamilnadu Dr Ambedkar law University School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.3 The Anti-Defection Law in India serves as an important constitutional provision to safeguard the stability of national politics by reducing defections. This paper explores the convergence of the Anti-Defection Law with Administrative Law, particularly focusing on the decision-making role of the Speaker in disqualification cases. The paper delves into the debate surrounding the scope of judicial review of the Speaker’s decisions, the legal validity of the law in light of the doctrine of separation of powers, and the application of principles of natural justice and fairness. Through an analysis of landmark cases, including Kihoto Hollohan vs Zachillhu and Ramesh Kumar v. State of Karnataka, the paper highlights the evolving nature of law in response to societal changes. Furthermore, it examines the significant responsibilities entrusted to the Speaker, whose role as a quasi-judicial authority raises questions about the impartiality of the decision-making process. The dual role of the Speaker as both a political leader and an adjudicator often leads to perceived impartiality, potentially undermining the trust in the legislative process. Additionally, the paper discusses the concerns posed by the Speaker’s dual role as a political leader and an adjudicator, which may lead to bias in decision-making. The recommendations of the Dinesh Goswami Committee and the 170th Law Commission Report, advocating for the involvement of the President or Governor in disqualification matters, are also examined as potential solutions to address these concerns. This paper argues for the necessity of maintaining a balance between the Speaker’s authority and the judiciary’s oversight to ensure the fairness of the political process and uphold the principles of good governance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 28-36. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION-AN OVERVIEW

Volume II Issue II /

JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION-AN OVERVIEW Naveena K, Student at Chettinad School Of Law,Chennai Download Manuscript ABSTRACT This legal research paper, which focuses specifically on India, gives an outline of judicial review and how it affects constitutional interpretation. A key component of the Indian Constitution, judicial review is essential to the functioning of the political system. The purpose of the paper is to look at how judicial review and constitutional change are related. It also looks at how judicial review has historically developed in various constitutional systems, looks at case studies that show how judicial review affects constitutional interpretation, and evaluates how it affects the balance of power between the three branches of government. The primary research approach utilized is doctrinal in nature, involving an examination of legal provisions, case laws, and academic literature. The study comes to the conclusion that judicial review has a big impact on how the constitution is interpreted and that it can eventually change how constitutional ideas are understood and applied. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 260-270. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANALYSING THE SCOPE OF JUDICIAL REVIEW IN CONTEMPORARY ISSUES

Volume II Issue II /

ANALYSING THE SCOPE OF JUDICIAL REVIEW IN CONTEMPORARY ISSUES Arka Biswas, Student at Guru Gobind Singh Indraprastha University Download Manuscript ABSTRACT As a keystone of constitutional democracy, judicial review plays a very important role in safeguarding the rule of law and protecting fundamental rights. This research paper aims to take a deeper look at the scope and ambit of judicial review of contemporary issues, exploring its advantages and challenges in today’s legal environment. It addresses concerns about the role of the judiciary, the distribution of powers, and the delicate balance between the judiciary and other branches of government. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 67-91. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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