IAS (Admin.) Mains Political Science (PSIR) Indian Government and Politics-Judicial Review and Basic Structure Doctrine Study Material (Page 2 of 6)

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Article 137: Is SC Bound by Its Own Decisions, Enlargement of Jurisdiction: Article 138, Conferment of Power: Article 139 and 133 a, Ancillary Powers: Article 140, Article 141, Ratio Decidendi

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Article 137: Is SC Bound by Its Own Decisions?

The expression “all courts, within the territory of India” clearly means courts other than the SC. Thus, the SC is not bound by its own decisions and may in proper case reverse its previous decisions.

Under Article 137 the SC has expressly been given the power to review its judgement. However, this is subject to any passed by the Parliament. For this reason, are given:

  • discovery of new important matters of evidence.
  • Mistake or error on the face of the record; and
  • Any other sufficient reasons.

Article 137 and Article 142 is the remedy for miscarriage of justi…

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Judicial Review

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Judicial Review

  • Judicial review has thus become an integral part of our constitutional system and a power has been vested in the High Courts and the Supreme Courts to decide about the constitutional validity of provisions of statutes. If the provisions of the statute are found to be violative of any Article of the Constitution, which is the touchstone for the validity of all laws the Supreme Court and High Courts are empowered to strike down the said provisions. The one sphere where there is no judicial review for finding out whether there has been infraction of the provisions of Part III and there is no power of striking down an Act, regulation or provision even though it may be inconsistent with or t…

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