Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
The Rights to Constitutional Remedies allows citizens to approach the court if they believe that any of their Fundamental Rights have been violated by the State.
The judiciary has the power to strike down particular laws passed by the Parliament if it finds that they violate the basic structure of the constitution.
Hence, the Right to Constitutional Remedies connects to the idea of judicial review.
You read that one of the main Junctions of the judiciary is upholding the law and enforcing Fundamental Rights? Why do you think an independent judiciary is necessary to carry out this important function?
Only an independent judiciary are able to protect our Fundamental Rights. The judiciary should be above all prejudices.
The control over the judge does not allow the judge to take an independent decision. This lack of independence would force the judge to make all judgments in biased manners.
In the following illustration, fill in each tier with the judgements given by the various courts in the Sudha Goel case. Check your responses with others in class.
The accused took the case to the High Court because they were unhappy with the decision of the Trial Court.
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