Judicial Review and its Role in Protecting Minority Rights

Author: Prapti Dasgupta, SRM University, Delhi-NCR.

Introduction

Judicial review is super important in many democratic countries. It helps make sure that laws and government actions follow the constitution. Courts can check if what the legislature or executive does is legal. This keeps the government in check.

One of the biggest jobs of judicial review is protecting the rights of minority groups. In this blog, we'll talk about how judicial review works. We'll also look at why it matters for protecting these rights and the challenges it faces in today’s legal system.

Understanding Judicial Review

Judicial review is defined as a power through which courts examine the constitutionality of actions made by the representative legislative or executive branches. Originating from landmark cases like Marbury Vs. Madison In the U.S., this doctrine is one that allows judges to strike legislation and policy on grounds of constitutional infringement. The most critical aspect of judicial review is, therefore, to maintain the legal precedence of law, securing conformity to democratic principles and standards and making all stand equal before the law.

The Role of Judicial Review in the Protection of Minority Rights

1. Constitutional Guarantee

One of the most prominent functions of judicial review is the safeguarding of the constitutional provision for minority rights. Most countries, as reflected in their constitutions, offer some form of explicit fundamental rights such as freedom of speech, freedom of conscience, and equal protection of the law. The judicial review empowers any minority to challenge laws and policies, such as discriminatory laws and practices, passed by the majority to dilute or transgress one or the other individual or group rights. In this, the courts play an instrumental role in giving true meaning to those provisions in the constitution by interpreting them properly.

2. Check on Abuse of Majority Power

Judicial review also serves as a barrier against the oppression of the majority. In democratic societies, there is a tendency for the interests of the majority to overshadow those of the minority groups. By giving room for the intervention of courts into government actions, judicial review guards against the passing of laws that tend to marginalize or discriminate against certain minority sectors. Its protective function is then essential in preserving a balance of power, thus giving equal voice to all involved in a democratic process.

3. Promoting Social Justice

Judicial review helps courts push for social justice. It tackles unfairness that minority groups face. Big court decisions often come from this process, leading to real changes in civil rights.

For example, cases about racial discrimination, gender issues, and LGBTQ+ rights use judicial review to fight against unfair practices. This shows how judicial review can help make society fairer and improve our legal system.

Challenges to Judicial Review in Protecting Minority Rights

1. Political Pressures

Judicial review can be subject to political pressures. This makes it difficult for judges to remain independent and impartial. Reactions from the public and politicians can push back against the court decisions made in favour of the minority rights. Such external political pressure makes the judges at times less inclined to do their job. The independence of the judiciary is, therefore, very important for the protection of rights of vulnerable people.

2. Unequal Access to Justice

Even with judicial review available, minority groups have an uphill task in availing themselves of remedies through the legal system. Problems with financial aspects, unavailability, inequity of aid play a big role in denying access to justice to minorities in the courts. If all people seek equality before the law, it would be crucial for the judicial review process to be widely supported in protecting minority rights. What is really crucial here is outreach programs that create awareness about such a situation.

3. Evolution of Legal Standards

Because laws and legal principles do not remain static, standards by which laws are held into effect are subject to change from one age to another. Acceptable earlier may not be quite applicable today because of various forms of social views and their dynamics. As opinions of people change, so do the expectations for guaranteed protection for the minority rights. The issue for them, therefore, involves striking an unbalanced position against continual changes from traditional patterns to the standards relevant to minority groups.

Judicial Review in Action: Landmark Cases

Judicial review has played a great role in the protection of the rights of minorities through different landmark cases. In the Indian context, the Supreme Court has pronounced various judgments that protect the rights of minority communities. A major case is Minerva Mills v. Union of India, giving the following observation about protection of the Constitution's basic structure, including that of individual and minority rights.

Again, in Mohini Jain v. State of Karnataka, the Supreme Court upheld minority rights in the field of education. The court granted a right to education as a fundamental right, and it may not be denied to any individual or community. These cases show the proactive stance of the judiciary in their defence of minority rights.

Thus, these landmark cases have become authorities not only in making the law but also in sending a message to society about the judiciary's readiness to defend minority rights. In a way, judicial review becomes a powerful weapon in ensuring social justice.

CONCLUSION

Judicial review occupies the central stage in protecting the rights of minorities by way of giving constitutional protection against misuse of power, as well as providing opportunity for undoing violation of rights and upholding the wheel of social justice. There is, however, no denying the fact that pressures of politics, limited access to justice, and altering standards of legality are some of the major challenges confronting judicial review. However, it cannot indeed be over-emphasized that the role of judicial review in ensuring the protection of the rights of the marginalized, particularly minority communities, is deserving of merit recognition. As societies continue to deal with the issues of inequality and discrimination, a strong and independent judiciary remains so important in ensuring that all voices, especially those of minorities in pursuit of justice, are heard and respected.