Judicial Review — Definition
Definition
Judicial review is the power of the judiciary, particularly the Supreme Court and High Courts, to examine and determine the constitutional validity of laws passed by the legislature and actions taken by the executive.
In simple terms, it means that courts can declare a law or government action as 'unconstitutional' and therefore invalid if it violates the Constitution. This power makes the judiciary the final interpreter of the Constitution and acts as a crucial check on the powers of the legislature and executive.
In India, judicial review operates on three levels: review of constitutional amendments (to ensure they don't violate the basic structure), review of legislative actions (laws passed by Parliament and state legislatures), and review of administrative actions (decisions taken by government officials and agencies).
Unlike the United States where judicial review is explicitly mentioned, India's judicial review power is implied from various constitutional provisions, primarily Articles 13, 32, and 226. The concept ensures that no law or action can override the fundamental principles enshrined in the Constitution.
Judicial review serves as the guardian of constitutional supremacy, protecting fundamental rights of citizens, maintaining the federal structure, and ensuring separation of powers. It prevents the tyranny of the majority by protecting minority rights and individual liberties against arbitrary state action.
The power extends to examining not just the content of laws but also the procedure followed in their enactment. However, Indian judicial review is not absolute - it operates within certain limitations such as the basic structure doctrine, which prevents the judiciary from reviewing constitutional amendments that alter the Constitution's fundamental framework.
The doctrine has evolved significantly since independence, with landmark cases like Shankari Prasad (1951), Golak Nath (1967), and Kesavananda Bharati (1973) shaping its contours. Today, judicial review encompasses review of government policies, administrative decisions, and even judicial appointments through the collegium system.
It has become a vital tool for protecting democratic values, ensuring good governance, and maintaining the rule of law in India's constitutional democracy.