Marbury Vs Madison : Supreme Court has power of judicial review
Constitution of the United States did not grant the Supreme Court any explicit power of judicial review. The Supreme Court asserted its power of judicial review of legislative or executive action in Marbury Vs. Madison.
What were facts in Marbury Vs Madison ?
President John Adams had lost the USA Presidential Election of 1800. Thomas Jefferson was going to be the next President. But just two days before remitting the presidency, President John Adams appointed Federal Party supporters as Circuit Judges and Justice of Peace, which were also approved by senate. Some of commissions were handed over to new appointees but some could not be delivered due to paucity to time. After becoming President, Thomas Jefferson withheld the undelivered commissions. Marbury was one of such person whose commission was not delivered. Marbury approached the Supreme Court and prayed for issuing mandamus for delivering commission.
What were findings of the Supreme Court in Marbury Vs Madison ?
The Supreme Court framed three issues for determination. Firstly, Whether Marbury had a right to Commission ? Secondly, If Marbury had a right to commission then whether there was a legal remedy to obtain it ? Thirdly, if there was such a remedy , whether Supreme Court legally issue it ? The Supreme Court held that Marbury had a right to the Commission. The Commission had been signed and sealed by the President. The transmission of commission was only a practice. The Supreme Court held that commission was valid and withholding the same was violative of vested right of Marbury. In respect of the second issue the Supreme Court reiterated ancient Roman legal maxim – where there is right there is remedy. The Supreme Court confirmed that Writ of Mandamus was an appropriate remedy for Marbury. The Supreme Court held that so long as the remedy is related with mandatory duty of a person appropriate courts could provide legal remedy, but Court may not interfere in political matters. While determining the third issue the Court held that the Constitution does not grant jurisdiction to the Supreme Court to entertain the Petition of Marbury. Section 13 of the Judiciary Act has increased the scope of original jurisdiction of the Supreme Court which is not permissible. The Supreme Court declared the part of Section 13 which is inconsistent with the Constitution as void. Thus the Supreme Court applied the power of judicial review to strike down certain section of a law passed by the Legislature.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.