Judicial Review
Judicial review refers to the doctrine because of which executive as well as legislative actions are reviewed by the judiciary. In India power is divided along the three arms of the state: Executive, Legislature, and Judiciary. The Judiciary is however vested with the power of review over the actions of the other two.
The scope of Judicial review in India is less than in the USA because the American Constitution provides for ‘due process of law’ whereas on another hand there is ‘the procedure established by law ‘ contained in the Constitution of India. The judicial review followed by India is a synthesis of both the American principle of judicial supremacy and the British principle of parliamentary supremacy. The Constitution of India itself provides the power of judicial review over the judiciary itself through the Supreme Court and the High Courts.
Moreover, the Supreme Court has declared the power of judicial review to be a basic structure of the Constitution. Therefore, the power of judicial review cannot be reduced or excluded by the Constitutional Amendment. Justice Syed Shah Mohammad Quadri characterized the judiciary Review into the following 3 classes:
- Judicial review of the acts which are related to the Constitutional Amendment.
- Judicial review of the legislation process of the Parliament and State Legislatures.
- Judicial review on administrative actions which are taken by the Union government or State government and authorities within the State.
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.
Judicial Review in India