Essay on The Constitutional Review: Need and Perspective for Class 10, 12, Mains Exam (UPSC, PSC, SSC)
Constitutional review is the evaluation of the constitutionality of laws. It preserves the laws enforced by the constitution and prevents the violation of such laws. It determines whether the government action comply with the provisions of the constitutions. It is entrusted with the power to a constitutional court that can decide on the constitutionality of laws and government actions. A constitutional court protects individual rights, provides a platform for solving disputes, reviews the legislation and assess the faithfulness of political parties. The authority to review the constitutionality of laws provides the political parties with insurance to inspect the future scenario whereby they cannot form the government but they can be assured that government formed by the opponent functions within the limits of the constitution.
Need of constitutional review:
People have started losing faith in democracy as it has become acquainted with the elections. Democracy has the only victim that is politics. The National Agenda for Governance appointed a commission to review the constitution. The commission examined the activities and suggested how the constitution can respond to the changing needs of the citizens and the country. To examine that the constitutionre presents the will of the people, to ensure that the equality, fraternity, justice of the people is being served, to see that the constitution never fails to translate the noble principles into practical use, constitutional review is needed. The founding fathers of the constitution granted more rights to the ones without balancing them with their duties. Corruption has been legalized in the political life. Reformation of political parties and electoral reforms have been eroded the political bureaucrat. Maladministration emerged due to instable government. The opportunist bureaucrats and the self-seeking politicians eroded the political, electoral spheres which calls for the review of the constitution.
Perspective of constitutional review:
The constitutional review plays an important role in the regulation of law, democracy and protection of human rights. The Civil Law Concept characterizes the constitutional review. The rigid constitutions in many countries determines the law of the judicial order. United States of America was the first country to adopt constitutional revieweven though the functions of the Constitutional court are not separated at the central and the states. The constitution of India shows the development of ideas and concepts that was needed for making the constitution. Constitutional review is important to uphold the supremacy of the constitution. It maintains equilibrium between the center and the sates and also the federal equilibrium. Any person who satisfies litigation requirement can raiser a constitutional issue in the court.
Conclusion:
The constitutional review provides initiates best practices for community changing organizations. It must be reviewed instead of amending clause to it. The suitability of the constitution to the people, country and civilization can be checked when reviewed. It has positive impact on the system on the administrative system which will neutralize the obstacles in the governance. A stable constitution facilitates the working of the administration and government and monitor the other functions. A dynamic form of constitution will be able to face challenges and requirements of the country.
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