Judicial review in India

Judicial Review in India

What is Judicial Review in india?

1. Judicial Review in India means the power of the Supreme Court and High court to declare a law unconstitutional and void if it violates one or more provisions of the constitution.

2. The power of review is available with the court against the action of the legislature and Executive both.

3. Judicial Review in India is not directly expressed in the Indian constitution. It is to inferred under article 32 & article 226.
   Article 32- Writ jurisdiction of the supreme court.
   Article 226- Writ jurisdiction of the High court.

Explanation

NOTE: The word “Judiciary Review” is nowhere mentioned explicitly in the constitution.

1. How Judicial Review is helpful?

• For Example: If any administration is doing something unwise and unconstitutional, then the state can prevent such a thing from happening. 
• Similarly, if the state has done something unwise & unconstitutional then the judiciary can approve/disapprove the work of the state with the help of such review.

2. Which Article gives power to Judiciary to take Judiciary review IN INDIA?

ARTICLE 13

•  Article 13 (only concerning the Fundamental Rights).
• Any other action by the administration or state will not be given power under Article 13 of the Indian constitution.

ARTICLE 32

• Article 32 gives power to the Supreme Court to restore the Fundamental Right violated by the state or administration.

ARTICLE 226

• Article 226 gives power to the High Court to restore the Fundamental Right violated by the state or administration.
  

3. Is Article 13, Article 32, Article 226 are the only provisions that ensure Judicail review?

There are other commentaries also such as

1. Supremacy of the constitution.
2. Concept of limited government.
3. Rule of Law.
4. Separation of Powers. 
5. Fundamental rights etc.

• The doctrine of limited government, the supremacy of the constitution, rule of law, separation of powers, Fundamental rights, etc ensures Judicial Review in India.

Application of Judicial Reveiw

• It can be applied on an act or order comes into force (not in the bill stage).
• Ordinarily, the courts apply for judicial review on basis of a petition filed and not on Suo Motu on its own.
  SUO MOTU means action taken by the court on its own.
  
• Judicial review also help the courts to act as a protector of fundamental Rights and ensures constitutionalism helps in validation of the laws passed by the state.

Frequently Asked Questions

1. Is judicial review is a part of the basic structure of the constitution?

• Realizing its importance in Minerva Mill Case the Supreme Court said that the power of Judicial Review is part of the basic structure of the constitution.

2. What is the supremacy of the constitution?

3. What is a limited government?

A limited government is a system in which the primary leaders have very little governing power over the decisions and laws that are created without approval from other branches or leaders within the government.

4. Is there any judicial review article?
   

• No there is no article specifically made for it, as it is not mentioned in the constitution explicitly.

5. What is the basic structure of the constitution?

• The basic structure of the constitution are those parts and features of the constitution without which the constitution loses its character.
• The Supreme Court did not define exhaustively (completely) the basic structure of the constitution but in various judgments, we keep knowing them.

Example: Judicial Review, Secularism, Sovereignty, Federalism, the mandate to build a welfare state, etc.

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