Judicial review in India

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Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate amendments, laws, acts and governmental actions that are incompatible with a higher authority: in India's case an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of the Constitution of India. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between countries. In India, judicial review is done by the Constitutional Courts, namely the Supreme Court of India as well the 25 High Courts of India. The courts invalidate laws, acts and governmental (executive) actions which violate Constitutional provisons and even Constitutional amendments if they violate the basic strcutre of the Indian Constitution.

Related articles of the Constitution on judicial review[]

For Supreme court Article 32 (Right to Constitutional Remedy) and Article 136 (Special leave to appeal by the Supreme Court).

References[]

• THE CONSTITUTION OF INDIA - GOVERNMENT OF INDIA - MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT (2018)
• Central Government Act Article 32 in The Constitution Of India 1949

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