Judicial Review In India

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JUDICIAL REVIEW IN INDIA Meaning Judicial Review is the power of the judiciary to review the actions taken by the legislature and the executive organ of the government and decide whether or not the actions taken by the legislature and the executive are in conformity with the Constitution. If the enactments done by the legislature and the executive are found unconstitutional then the judiciary has the power to declare those acts illegal, unconstitutional and invalid ( null and void) after which they cannot be enforced by the government. Origin of Judicial Review The judicial review is one of the very important contributions of the USA to the political theory. The origin of the judicial review has been result of a judicial decision and the continuance…show more content…
It is also very important because it allows the supreme court of the country to check the decisions of the lower courts of the country and it also helps to check on the legislative and the executive branch of the government. The most important thing that judicial review do is the protection of the rights of the individuals and it create a balance between the powers of the government and maintain equality to every person. If there is no judicial review then the system of civil liberties would be very different. Types of Decisions in Judicial Review The court can give three types of decisions after the judicial review is conducted and the decisions are as follows: 1. The law is unconstitutional. In this case, if the laws made by the legislature is found unconstitutional then the law will ceases to operate from the date on which the supreme court declares the law as invalid or unconstitutional. 2. The law is constitutional and…show more content…
Article 368 (4)-(5) were inserted in the in the Article 368 because of preventing the supreme court to contradict any Constitutional Amendment Act on the theory of ‘basic features' of the Constitution. Features of Judicial Review in India 1. Judicial Review is the power which can be used by both the Supreme Court and the High Courts. But the power to determine the constitutionality of any law is in the hands of the Indian Supreme Court. 2. Judicial Review can be used in respect of all central and state laws, orders and the ordinances of the executive. It can also be used in the constitutional amendments 3. The limitation of the judicial review is that it cannot be used in the respect of the laws which are included in the 9th Schedule of our Indian Constitution. 4. Judicial Review can only be applied to the question of laws and it cannot be used in respect of any political issues. 5. Judicial Review is not automatic because the Supreme Court cannot use the power of Judicial review by its own. Judicial Review can only be used when any law or rule is specifically challenged before it or during the hearing of a case the validity of any law is

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