Importance of the Judicial Review
Judicial review is necessary to align the supremacy of the Constitution in a nation, and to safeguard the Fundamental Rights of the citizens. It is essential to preserve the independence and autonomy of the judiciary in India. This is necessary to maintain a federal balance between the Central Government and the State Governments. It is fundamental to curb the conceivable abuse of power by the legislature and the executive and act as a safeguard for the basic structure of the constitution of India.
Judicial Review is also known as the role of reviewer, and the role of Eyewitnesses. It invalidates the provisions which are made by the Parliament or State legislature when those are against the provisions of the Constitution. It is a ‘basic feature ‘ of the Constitution of India and cannot be taken away by putting a law under the 9th Schedule which violates the fundamental rights guaranteed under Articles 14, 15, 19, and 21. Also, the ‘basic structure ‘ of the Constitution cannot be declared invalid and void.
Judicial Review in India
Judicial Review is the power of the judiciary to review any act or order of the legislative and executive branches and to pronounce its constitutional validity. The Indian Constitution recognizes judicial review under the reference of the American Constitution and it does checks and balances in the separation of powers. The power of the judiciary is to oversee the legislative and executives when it exceeds their authority, and it helps to preserve the supremacy of constitutional principles.