Charge under crpc Under the Code of Criminal Procedure (CrPC) in India, a person can be charged with a criminal offence through a legal process known as "charge." The charge is essentially a formal accusation made by the prosecuting authority, such as the police or the public prosecutor, against the accused person. It is a crucial step in criminal proceedings as it informs the accused of the specific offence they are being charged with and enables them to prepare for their defence accordingly. Here are the key aspects related to the charge under the CrPC: Filing of the Charge Sheet: Once the police complete their investigation into a criminal case, they submit a charge sheet, also known as a police report or final report, to the concerned court. The charge sheet contains the findings of the investigation and identifies the person or persons believed to be responsible for the alleged offence. Framing of Charges: Upon receiving the charge sheet, the court examines the material ...
Before discussing this
concept firstly we need to understand why the concept of judicial review came
into existence? With regard to this question the judicial review came into
existence to make sure that the law passed by the legislature are
constitutional to maintain federal equilibrium between the Centre and the
states to uphold the principle of the supremacy of the constitution and to
protect the citizens fundamental rights. Judicial review refers to the power of
judiciary to review the laws passed by the legislature if it finds them in
conflict of the constitution of India.
Judicial review is the
most discussed topic in recent years. A definite legal definition on judicial
review is quite not possible but there are several judgements of Supreme Court
of India regarding this topic. No law can be framed which snatches away the
constitutional rights of the people.
Origin
Earlier the supreme
court did not have the power of judicial review but the power of judicial
review was acquired through the landmark case Marbury v Madison,1803.
In simplest form
judicial is the power of review to examine the laws passed by the legislature
whether such laws are in conformity with the constitution or not. The supreme
court is sole interpreter of constitutional law. By conferring the power of
judicial review to the court it helps to prevent the government officials from
using the constitution illegally while making laws and regulations. Now a
debatable question arise when the court can and should use the power of
judicial review?
Judicial
review in India
In India judicial
review is considered as a basic feature of the constitution. In India judicial
review consist of legislative action and administrative action. Legislature
are not required to make any law that snatches away the fundamental rights of
the people.
The court can
interfere by using the power of judicial review if there is an abdication of
duties by the legislature or executive. These powers must be exercised with
great caution and self control. The court
should not exceed their limits. The judiciary plays a role of
interpreter and should not undertake the task of law making unless the
situation demands so. Thus, judicial review in India is absolutely essential
and not undemocratic because the judiciary while interpreting the constitution
and statutes are expressing the will of the people of India as a whole who have
reposed faith and confidence in the Indian judiciary.
Role
of judicial review in separation of power
Parliament is not
supreme under the constitution of India. Its powers are limited in a manner
that the power is divided between the Centre and states. Our Indian
constitution being federal in nature distribute power among the legislature,
the executive and the judiciary. No one is absolutely entrusted with this
power. Now a question arise that how the judicial review play a role? On the
one hand the concept of judicial review states that to check the power of government and to safeguard
individual rights and to examine the laws enacted by the legislature.
Judicial
review and Indian constitution
As per article 13(2) of
the constitution of India that union or states shall not make any law that
takes away or abridges any of the fundamental rights and any law made in contravention of the same
shall be void.
Article 32 and 226
guarantees right to approach the supreme court or the high court for the
enforcement of fundamental rights enumerated under part III of the
constitution. The high court can issue directions, orders, writs in the nature
of habeas corpus, prohibition, mandamus, certiorari, quo- warranto for the
enforcement of fundamental rights or for any other purpose.
Limitations
The system of judicial
review is also applicable in India. Although the term judicial review has not
been mentioned in the constitution. The provision of various article of the
constitution of India have conferred the power of judicial review on the
supreme court.
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