Legal Explainer: The Concept of Judicial Review in India

 Legal Explainer: The Concept of Judicial Review in India

Judicial Review is the power of the judiciary to examine the constitutionality of legislative acts, executive orders, and government actions. If any law or action is found to violate the Constitution, the judiciary can declare it null and void. This doctrine is a cornerstone of India’s constitutional framework, ensuring the supremacy of the Constitution.

Constitutional Basis:

• Article 13 – Declares that any law inconsistent with fundamental rights is void.
• Articles 32 and 226 – Empower the Supreme Court and High Courts, respectively, to issue writs for the enforcement of fundamental rights.
• Article 245 & 246 – Define the extent of legislative powers, subject to constitutional limitations.

Scope of Judicial Review:

1. Legislative Actions – Reviewing laws passed by Parliament and state legislatures.
2. Executive Actions – Examining administrative decisions and government policies.
3. Constitutional Amendments – Ensuring amendments do not violate the basic structure of the Constitution (as established in Kesavananda Bharati v. State of Kerala, 1973).

Landmark Cases:

• Kesavananda Bharati v. State of Kerala (1973) – Established that Parliament’s power to amend the Constitution is subject to the basic structure doctrine.
• Minerva Mills v. Union of India (1980) – Reinforced that judicial review is part of the Constitution’s basic structure.
• I.R. Coelho v. State of Tamil Nadu (2007) – Expanded judicial review to laws placed under the Ninth Schedule if they violate the basic structure.

Importance of Judicial Review:

• Protects fundamental rights of citizens.
• Ensures checks and balances among the branches of government.
• Upholds the rule of law and prevents arbitrary use of power.

Judicial Review is vital for maintaining democracy, constitutional supremacy, and the protection of individual liberties in India.