Judicial Review

joo-DI-shul ri-VYOO From Latin 'judicialis' (pertaining to courts) + 'revidere' (to look at again); concept crystallized in American jurisprudence through Marbury v. Madison (1803)

Definition

The power of courts to examine legislative enactments and executive actions to determine their constitutional validity and strike down those found to be ultra vires or violative of the Constitution.

Detailed Explanation

Judicial review is the cornerstone of constitutional supremacy in India. It empowers the judiciary to examine the constitutionality of legislative and executive actions and declare them void if they transgress constitutional limits. This power flows from Articles 13, 32, 226, 227, 245, and 246 of the Constitution.

The scope of judicial review in India covers:

1. Legislative Actions: - Laws violating Fundamental Rights (Article 13) - Laws exceeding legislative competence (Articles 245-246) - Laws violating basic structure doctrine - Colorable legislation (legislature doing indirectly what it cannot do directly)

2. Executive Actions: - Actions violating Fundamental Rights - Actions exceeding statutory authority - Actions violating principles of natural justice - Arbitrary or unreasonable exercise of power

3. Constitutional Amendments: - Amendments violating basic structure (post-Kesavananda Bharati)

Grounds for Judicial Review: - Lack of jurisdiction or authority - Violation of Fundamental Rights - Violation of basic structure - Breach of constitutional procedures - Violation of natural justice - Arbitrariness and unreasonableness - Mala fide exercise of power

The Indian doctrine differs from the American model in that it is expressly provided in the Constitution and has been declared part of the basic structure, making it immune from constitutional amendment.

Essential Elements

1 Power vested in Supreme Court and High Courts
2 Examines constitutional validity of laws and executive actions
3 Based on constitutional supremacy principle
4 Can strike down laws violating Fundamental Rights (Article 13)
5 Declared part of basic structure - cannot be excluded
6 Includes review of constitutional amendments (basic structure test)

Leading Cases

Shankari Prasad v. Union of India

1951

AIR 1951 SC 458

Relevance: Initially held that constitutional amendments are not 'law' under Article 13

Golaknath v. State of Punjab

1967

AIR 1967 SC 1643

Relevance: Held that Fundamental Rights cannot be amended; later overruled

Kesavananda Bharati v. State of Kerala

1973

(1973) 4 SCC 225

Relevance: Established basic structure doctrine - judicial review is part of basic structure

L. Chandra Kumar v. Union of India

1997

(1997) 3 SCC 261

Relevance: Declared that judicial review under Articles 32 and 226 is part of basic structure

I.R. Coelho v. State of Tamil Nadu

2007

(2007) 2 SCC 1

Relevance: Extended judicial review to laws placed in Ninth Schedule

Usage Example

"The Supreme Court exercised its power of judicial review to strike down the constitutional amendment as violative of the basic structure doctrine."

Synonyms

constitutional review judicial scrutiny constitutional adjudication

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