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Judicial Review in India

Introduction​

Judicial review is a fundamental concept in constitutional law that allows courts to examine the constitutionality of government actions. India, this power is granted to the Supreme Court and High Courts under Article 32 of the Constitution.

Key Principles of Judicial Review​

  1. Separation of Powers

    • The judiciary acts as a check on the other branches of government
    • Ensures that no single branch becomes too powerful

  2. Rule of Law

    • Fundamental principle that all citizens are equal before the law
    • Applies to both individuals and institutions

  3. Constitutional Supremacy

    • The Constitution is the supreme law of the land
    • All laws must conform to its provisions

Case Laws and Illustrations​

Marbury v. Madison (1803)​

  • Legal Section Number: Article III, Section 2, Clause 1 of the U.S. Constitution
  • Significance: Established judicial review in the United States
  • Illustration: President Madison's refusal to deliver Marbury's commission led to the Supreme Court declaring the appointment unconstitutional

Kesavananda Bharati v. State of Kerala (1973)​

  • Legal Section Number: Articles 13, 14, 19, 31, 368 of the Indian Constitution
  • Significance: Established the doctrine of basic structure
  • Illustration: The court ruled that Parliament cannot amend fundamental rights beyond a certain limit

Minerva Mills Ltd. v. Union of India (1980)​

  • Legal Section Number: Articles 14, 19, 31, 368 of the Indian Constitution
  • Significance: Further clarified the limits of constitutional amendments
  • Illustration: The court struck down certain provisions of the 44th Amendment Act as violating basic structure

L. Chandra Kumar v. Union of India (1997)​

  • Legal Section Number: Articles 32, 226 of the Indian Constitution
  • Significance: Established the primacy of administrative tribunals over civil courts
  • Illustration: The court upheld the constitutionality of the Administrative Tribunals Act despite challenges from civil courts

Conclusion​

Judicial review remains a crucial mechanism for upholding constitutional values and protecting citizens' rights in India. As law students continue to study and practice, understanding these principles and case laws will be essential for navigating complex legal situations.

References

[1] Keshav Balakrishnan, "Judicial Review in India," Journal of Constitutional Law, vol. 15, no. 2, 2022.

[2] Sujit Choudhry, "The Migration of Constitutional Ideas," Cambridge University Press, 2006.

[3] Upendra Baxi, "Constitutionalism in India," Oxford University Press, 2015.