Judicial Review: Exploring Constitutional Obligations during Crisis

Publication Information

Journal Title: Law & Political Review
Author(s): Shubham Kumar Thakur & Priyanka Gangwar
Published On: 06/05/2022
Volume: 7
First Page: 87
Last Page: 103
ISSN: 2581-7191
Publisher: The Law Brigade Publisher

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Cite this Article

Shubham Kumar Thakur & Priyanka Gangwar, Judicial Review: Exploring Constitutional Obligations during Crisis, Volume 7, Law & Political Review, 87-103, Published on 06/05/2022, Available at https://lpr.thelawbrigade.com/article/judicial-review-exploring-constitutional-obligations-during-crisis/

Abstract

Last year a pandemic exploded and the name was Coronavirus Disease 2019, the world is still fighting with the pandemic. Because of the pandemic last year in March 2020 PM announced the complete lockdown in the nation and citizens faced so many problems, low income migrant workers stuck in the cities they were working without any job, income and any means of survival. Many of them began to walk home and more than 150 migrants died before reaching their destination. This was just the tip of iceberg.

The effect of the pandemic inevitably restricted fundamental rights and thus gives rise to a complex web of questions like, could court interfere with the other organs of government while respecting the doctrine of separation of power? How much judiciary can intervene in the matter of state? Although this question was quite settled earlier by numerous precedents and case laws but it becomes new again because of the pandemic.

Keywords: Judicial Activism, Judicial Review, Pandemic, Rule of Law, Separation of Power

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