Power Of Judicial Review

CHAPTER 4 : JUDICIAL REVIEW

4.1. MEANING

Judicial review is the doctrine in democratic theory under which legislative and executive action is subject to invalidation by the judiciary.It is Examination by a country's courts of the actions of the legislative, executive, and administrative branches of government to ensure that those actions conform to the provisions of the constitution.

In other words it is the control of two branches of the government (i.e. the Executive and the legislature) by the third branch (i.e. the Judiciary) only to the extant that their actions are in conformity with and not in violation of the constitution.

4.2. PRINCIPLE OF JUDICIAL REVIEW UNDER THE INDIAN CONSTITUTION

The precept of judicial evaluate is an vital

Every country movement must be examined at the touchstone of rule of law. The power of Judicial review is integrated in Articles 226 and 227 of the constitution insofar because the high Courts are concerned. The supreme court of India physical activities this power via Articles 32 and 136 of the Constitution. The judiciary in India has come to control by way of judicial review every thing of governmental and public features.

4.3. JUDICIAL REVIEW AS A PART OF BASIC STURCTURE OF THE INDIAN CONSTITUTION

In Keshavanda Bharathi v. State of Kerala, the Supreme Court of India propounded the doctrine of basic structure. consistent with which the legislature can amend the constitution, but it can't trade the primary structure of the Constitution. The Judges in the aforesaid case made no try to outline the fundamental structure of the Constitution in clean phrases. however, chief Justice S.M. Sikri cited five primary

Raj Narain held that Judicial evaluate in election disputes became not a compulsion as it is not a part of simple structure. In S.P. Sampath Kumar v. Union of India , P.N. Bhagwati, C.J., relying on Minerva turbines Ltd. declared that it turned into nicely settled that judicial evaluation become a basic and vital feature of the Constitution. If the electricity of judicial review turned into certainly taken away, the constitution could cease to be what it changed into. In Sampath Kumar the court in addition declared that if a law made underneath Article 323-A(1) have been to exclude the jurisdiction of the high court underneath Articles 226 and 227 without setting up an powerful opportunity institutional mechanism or association for judicial overview, it might be violative of the primary shape and for this reason out of doors the constituent strength of