2. JUDICIAL REVIEW
โข Judicial Review is the power of the Courts to review and validate a law
inacted by Legislative.
โข It is the power of the Court to declare a legislative Act void on the grounds
of unconstitutionality.
โข A constitutional doctrine that gives to a court system the power to annul
legislative or executive acts which the judges declare to be unconstitutional
3. THE ORIGIN OF JUDICIAL REVIEW
โข The doctrine of judicial review originated and developed in the USA. It was
proposed first time in famous case of mardury v Madison in 1803
โข In India , on the other hand, the constitution itself confers the power of judicial
review on the judiciary
โข The supreme court has declared the power of judicial review as the
basic feature of the constitution, further the power of judicial review
can not be curtailed even by constitutional amendment
4. MEANNIG OF THE JUDICIAL REVIEW
โข Judicial review is the power of the judiciary to examine the legislature
enactment and executive orders of the both central and state. On
examination if they are found to be illegal, constitutional and invalid by the
judiciary , they cannot be enforced by the government
โข The Supreme Court used the power of judicial review in various cases, as
for example, the Golaknath case (1967), the Bank Nationalisation case
(1970), the Privy Purses Abolition case (1971), the Kesavananda Bharati
case (1973), the Minerva Mills case (1980), and so on.
5. EMERGENCE OF JUDICIAL REVIEW IN INDIA
โข The Constitution makers of India very wisely incorporated in the
Constitution itself, the provisions of Judicial Review so as to maintain the
balance of federalism, to protect the fundamental rights guaranteed to the
citizens and to afford a useful weapon for equality, liberty and freedom.
โข โJudicial Review has constitutional system and a power has been vested in
the High Court and the Supreme Court to decide about the constitutional
validity of the provision of the statutesโ-Patanjali Sastri, J., in State of
Madras v.V.G. Rao (1952) SCR 597
6. IMPORTANCE OF JUDICIAL REVIEW
โข firstly, to ensure fairness in administrative action,
โข secondly to protect the constitutionally guaranteed fundamental rights of citizens
and
โข thirdly to rule on questions of legislative competence between the centre and the
states.
โข The power of the Supreme Court of India to enforce these fundamental rights is
derived from Article 32 of the Constitution. It gives citizens the right to directly
approach the Supreme Court for seeking remedies against the violation of these
fundamental rights.
7. CONSTITUTIONAL PROVISIONS FOR
JUDICIAL REVIEW
โข The provision of several articles explicitly confers the power of judicial review on
the supreme court and high court . The provision are as follows.
โข Article 13
โข Article 32
โข Article 131
โข Article 132
โข Article 132
โข Article 133
โข Article 134
โข Article 134-A
โข Article 135
โข Article 143
โข Article 226
โข Article 251 & 254
8. SCOPE OF JUDICIAL REVIEW
The constitutional validity of legislature enacted and executive orders can be
challenged in supreme court or the high court on the following ground :-
โข It infringes fundamental rights.
โข It is outside the competence of the authority which has framed it.
โข It is repugnant to the constitutional provisions.
Its is clear from the above scope of judicial review in India is narrower than the
what exits in USA, though the American constitution does not explicity mention
the concept of judicial review in any of its provision. This is because it provides
โdue process of lawโ against the โprocedure established by lawโ which is
contained in Indian conatitution.
9.
10. Keshavana
nda Bharati
case
๏ The first time a court held that a constitutional
amendment duly passed by the legislature was
invalid as damaging or destroying its basic
structure.
๏ This was a gigantic innovative judicial leap
unknown to any legal system. The
masterstroke was that the judgment could not
be annulled by any amendment to be made by
Parliament because the basic structure
doctrine was vague and amorphous.
