![]() “We seek not just freedom but opportunity-not just legal equity but human ability-not just equality as a right and a theory, but equality as a fact and as a result.” ‘Strict Scrutiny’ Test: Its Intendment, Provenance And Elements This work emphasizes upon the meaning and genesis of ‘strict scrutiny’ test, elements of ‘strict scrutiny’ test, application of ‘strict scrutiny’ test in USA, applicability of test in Indian Constitutional interpretation and approaches of the courts in this regard lastly it testifies the need of the test in Indian Constitutional framework. One of the tests evoked and utilized by the court in such constitutional adjudication is in form of ‘Strict Scrutiny’ Test. Several new tests evolved as an outcome of such need of intense review. The courts in such constitutional adjudication where the fundamental rights infringement were involved provided that these issues deserve an intense review. In exercising the task of determining whether a violation is in fact justified the courts have evolved, educed and applied various rules of interpretation. However it was the Supreme Court of the United States of America, one of the oldest constitutional courts of the world, which bestowed upon itself the power of judicial review it was this power which made courts the gatekeepers of fundamental rights and provided for the power of a court to hold unconstitutional and hence unenforceable any law, official action based on a law, or any other action by a public official, that it deems to be in conflict with the basic law, that is, the Constitution. Subsequently, in relation to the constitutional adjudication, the role of judges enlarged from literal interpretation to intent based interpretation and finally to declaration in cases of vacant spaces. Initially the judges in their eagerness to avoid the blasphemy of judicial legislation bounded themselves with the rule of literal interpretation which led to a number of absurd and inequitable results. ![]() The need of the judicial interpretation has ever existed and persisted in every legal system of the world. ‘Strict Scrutiny’ Test in Constitutional Adjudication: Indian Experience Initially the judges in their eagerness to avoid the blasphemy of judicial legislation bounded themselves with the rule of literal interpretation. ![]() Constitutional Law: need of the judicial interpretation has ever existed and persisted in every legal system of the world. ![]()
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