What is a judicial review in the Indian Constitution?

Asked 05-Dec-2023
Updated 06-Dec-2023
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What is a judicial review in the Indian Constitution

The procedure known as judicial review in the Indian constitution is used to determine whether any legislation enacted by Parliament is constitutional. The notion of judicial review was originated by an attorney and American legislator, John Marshall.  India is a country that upholds the rule of law, with the Indian Constitution being regarded as the ultimate legal document. The fundamental framework of the Constitution should guide all laws, not subvert them, as this will render them void ipso facto. If legislation is deemed to be against the Indian Constitution, the Indian Supreme Court or other judicial bodies have the authority to declare them prohibited by law and void, making them illegal. The two important roles that involve investigation are:  

  1. Legitimacy of the measures taken by the government.
  2. Avoidance of governmental encroachment onto the freedoms guaranteed by the Constitution.  

The necessity of judicial review is crucial is that it safeguards the most fundamental freedoms of citizens and residents as established by Part III of the Indian Constitution, upholding the supreme authority of the Constitution and preventing the legislature and executive from abusing their existing powers. Judicial review encompasses the judiciary's authority to investigate presidential orders and legislative actions. There are several ways to comprehend the significance of judicial review.

  • It guarantees the independence of the court by defining the respective duties of each branch of government in a clear and concise manner.
  • Using judicial review effectively aids in the division of responsibilities among the federal government and the states. 
  • It safeguards the citizens' fundamental liberties as stipulated in the Indian Constitution.

Under Articles 32 and 226 of the Constitution, respectively, the Supreme Court and the high courts are empowered with responsibility for carrying out this judicial review. Article 226 precisely says that a person can appeal to high courts for comparable reasons, even if Article 32 allows a person to petition the Supreme Court for any breach or infringement of their basic rights. The Center and the state can both draft legislation that are subject to judicial scrutiny.