Define Judicial Review
Judicial review means the power of the Supreme Court and High court to examine the constitutionality of any
law and to declare an action of Legislature or executive as unconstitutional if this action violates one or more provisions of the constitution to the extent of such violation.
Where is Judicial Review in Indian Constitution?
The power of Judicial review is mostly implicitly provided in the constitution and not directly expressed in the constitution. But in the case of fundamental rights Article 13 explicitly confirms the power of Judicial review on the court. Article 32 and Article 226 also provide this power to the judiciary.
Judicial review is a part of basic structure of the Constitution given in the Minarva Mill case, 1982.
Also, there are set of Ideas that point to the fact that the Judiciary has this power like:
- Rule of law
- Separation of power
- Doctrines of Limited government
- Doctrine of Supremacy of the Constitution
Ordinarily Court apply Judicial review on the basis of petition filed, though it can do on its own.
In the I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule.
The judicial review helps to maintain the Supremacy of the Constitution, rule of law, and prevent it’s Independence from being encroached by a legislature and executive.