Concept Of Judicial Review

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INTRODUCTION The essence of Judicial Review is supremacy of law. The court has the power to review the legislative and executive actions and also review the actions of judiciary, it is the power to scrutinize the validity of law or any action as to whether it is intravire or ultravire. It is a concept of Rule of Law. Judicial Review is the check and balance mechanism in order to maintain the separation of powers. Separation of power has rooted the scope of Judicial Review. It is the great weapon in the hands of the court to hold any law and order which is inconsistent or in conflict with the basic law of the land as unconstitutional and unenforceable. The two basic principles of judicial review are: • “Theory of Limited Government” • “Supremacy…show more content…
The fundamental object of judicial review is to determine the unconstitutionality of legislative Acts. It adjusts the constitution to the new conditions and needs of the changing era. To uphold the supremacy of constitutional law, to protect the fundamental rights of the citizens, to maintain federal equilibrium and to balance the legislative and administrative relation between Centre and the States are the main concerns of objectives of judicial review in India. It is the duty of the judiciary to keep different organs of the state within the limits of the power conferred upon them by the constitution. The legitimacy of judicial review is based in the Rule of Law, and the need for public bodies to act according to the law. Judicial review is a means to hold accountable those who exercise public power and the manner of its exercise, especially when decisions lie outside the effective control of the political process. Judicial Review is a significant weapon through which arbitrary, unjust harassing and unconstitutional laws are…show more content…
Only in the methods of working of Judicial Review and in its form of application there have been characteristic changes, but the basic philosophy upon which the doctrine of Judicial Review hinges is the same. In India, since Government of India Act,1858 and Indian Council Act, 1861 imposed some restrictions on the powers of Governor General in Council in evading laws, but there was no provision of judicial review. The court had only power to implicate. But in 1877 Emperor vs. Burah was the first case which interpreted and originated the concept of judicial review in India. In this case court held that aggrieved party had right to challenge the constitutionality of a legislative Act enacted by the Governor General council in excess of the power given to him by the Imperial Parliament. In this case the High court and Privy Council adopted the view that Indian courts had power of judicial review with some limitations. Again in, Secretary of State vs. Moment, Lord Haldane observed that “the Government of India cannot by legislation take away the right of the Indian subject conferred by the Parliament
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