The Concept of Judicial Review Under the Constitution of India
The Concept of Judicial Review under the Constitution of India
✅ Definition
Judicial Review refers to the power of the judiciary to examine the constitutionality of legislative enactments and executive actions. If any law or order is found to be inconsistent with the Constitution, the courts can declare it null and void.
🧾 Constitutional Basis
Judicial Review in India is not explicitly mentioned, but it is implicitly provided by several articles of the Constitution:
| Article | Provision |
|---|---|
| Article 13 | Declares laws inconsistent with Fundamental Rights as void. |
| Article 32 | Empowers the Supreme Court to issue writs for enforcement of Fundamental Rights. |
| Article 226 | Empowers High Courts to issue writs for enforcement of Fundamental Rights and other legal rights. |
| Article 245-246 | Distribution of legislative powers — courts can review laws for exceeding jurisdiction. |
| Article 368 | Allows courts to check constitutional amendments against the Basic Structure doctrine. |
⚖️ Scope of Judicial Review
Judicial Review in India covers:
Legislative Actions
Parliament and State legislatures’ laws can be reviewed.
Example: striking down a law violating Fundamental Rights.
Executive Actions
Orders, notifications, or decisions of the executive can be challenged.
Constitutional Amendments
Reviewed under the Basic Structure Doctrine (Kesavananda Bharati case).
🏛️ Key Supreme Court Judgments
| Case | Significance |
|---|---|
| Kesavananda Bharati (1973) | Introduced the Basic Structure Doctrine; Parliament cannot alter the basic structure. |
| Minerva Mills (1980) | Strengthened the Basic Structure Doctrine and reaffirmed judicial review. |
| Golaknath (1967) | Initially ruled that Parliament cannot amend Fundamental Rights. |
| Marbury v. Madison (U.S., 1803) | Not Indian, but an influential origin of the concept worldwide. |
🔍 Types of Judicial Review
| Type | Explanation |
|---|---|
| Constitutional Review | Review of laws/amendments against the Constitution |
| Administrative Review | Review of executive/administrative actions |
| Judicial Review of Legislation | Checks if laws made by legislatures are within their powers |
⚖️ Importance of Judicial Review in India
Protects Fundamental Rights
Upholds the Constitution’s Supremacy
Maintains Balance of Power (checks legislative/executive excesses)
Ensures Rule of Law
🚫 Limitations
Judicial Review cannot be used to question policy decisions unless they are unconstitutional or arbitrary.
Courts follow self-imposed restraint and do not interfere unless necessary.
It should not amount to judicial overreach.
🧭 Conclusion
Judicial Review is a cornerstone of Indian democracy and an essential part of the checks and balances system. Though not explicitly mentioned, it is a basic feature of the Constitution and plays a vital role in ensuring that no organ of the State exceeds its constitutional limits.
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