Judicial review in India is a process by which the Supreme Court and the High Courts of India examine, determine and invalidate the Executive or Legislative actions inconsistent with the Constitution of India.[1] The word judicial review finds no mention in the Constitution of India but The Constitution of India implicitly provides for judicial review through Articles 13, 32 and through 136, 142 and 226.[2]
Judicial review is one of the checks and balances in the separation of powers, the power of the judiciary to supervise the legislative and executive branches and ensure constitutional supremacy.[3] The Supreme Court and the High Courts have the power to invalidate any law, ordinance, order, bye-law, rule, regulation, notification, custom or usage that has the force of law and is incompatible with the terms of the Constitution of India.[1] Since Kesavananda Bharati v. State of Kerala (1970), the courts can invalidate any constitutional amendments if they infringe on the Basic Structure of the Constitution of India.[1][3]
Frequently, judicial review is used to protect and enforce the Fundamental Rights guaranteed in the Constitution. To a lesser extent, judicial review is used in matters concerning legislative competence concerning the centre-state relations.
- ^ a b c Austin, Granville (1999). Working a Democratic Constitution: The Indian Experience. Oxford University Press. ISBN 9780195648881.
- ^ Shekhawat, Vibhuti Singh (1994). "Judicial Review in India : Maxims And Limitations". The Indian Journal of Political Science. 55 (2): 177–182 – via JSTOR.
- ^ a b Chauhan, D. C. (2013). "Parliamentary Sovereignty vs. Judicial Supremacy In India". The Indian Journal of Political Science. 74 (1): 99–106 – via JSTOR.
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