--- title: "What is a judicial review in the Indian Constitution?" description: "What is a judicial review in the Indian Constitution?" author: "Sanjay Goenka" published: 2023-12-05 updated: 2023-12-06 canonical: https://answers.mindstick.com/qa/108574/what-is-a-judicial-review-in-the-indian-constitution category: "indian constitution" tags: ["constitution of india"] reading_time: 2 minutes --- # What is a judicial review in the Indian Constitution? ## Answers ### Answer by Lipsa Swain ![What is a judicial review in the Indian Constitution](https://answers.mindstick.com/QuestionAnswer/48ab236c-e6eb-4a24-942f-fd73a69f5f98/images/0b5da543-e1e6-485f-abcc-278c17a9783f.jpg) The [procedure](https://www.mindstick.com/blog/304484/explain-the-sql-stored-procedures) known as **judicial review in the Indian constitution** is used to determine whether any [legislation](https://www.mindstick.com/news/2355/data-protection-legislation-will-stop-the-exploitation-of-client-data-and-punish-offenders) enacted by Parliament is constitutional. The notion of judicial review was originated by *an [attorney](https://www.mindstick.com/articles/188152/get-the-best-attorney-for-the-job)* 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](https://www.mindstick.com/blog/12/dot-net-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](https://yourviews.mindstick.com/story/2174/10-landmark-cases-laws-of-the-supreme-court-of-india) 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](https://www.mindstick.com/news/4142/ftc-launches-antitrust-investigation-into-microsoft) are: 1. Legitimacy of the measures taken by the [government](https://www.mindstick.com/news/1911/upi-transaction-would-cost-zero-service-charges-clarifies-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](https://yourviews.mindstick.com/story/1267/interesting-facts-about-the-indian-constitution), upholding the supreme authority of the Constitution and [preventing](https://www.mindstick.com/news/2244/issue-preventing-users-from-accessing-facebook-s-social-networking-platforms-has-been-resolved) 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](https://answers.mindstick.com/qa/99604/how-many-writs-are-there-in-indian-constitution) 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. --- Original Source: https://answers.mindstick.com/qa/108574/what-is-a-judicial-review-in-the-indian-constitution Copyright © MindStick Software Pvt. Ltd. This Markdown version is provided for developers, AI systems, and offline reading.