xt 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 term judicial review finds no mention in the Constitution of India but the Constitution 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.