The power of judicial review is significantly vested upon the High Courts and the Supreme Court of India. If a statute or ordinance is determined to violate the Indian Constitution, they have the authority to declare it unconstitutional. The compulsion of judicial review was described in Part III of Article 13 of the Indian Constitution as a basic right. The UPSC Indian Polity and Governance Syllabus include Power of Judicial Review which is described in this article.

Judicial Review – Meaning

Judicial Review is a type of court process that takes place in the Administrative Court and involves a judge reviewing the legality of a decision or action. When there are no other options for the challenge, judicial review is an option. Judicial Review is concerned with whether the law has been correctly applied and the proper procedures have been followed.

What are the powers of Judicial Review?

The power of a country's courts to examine the activities of the legislative, executive, and administrative branches of government to see if they are in accordance with the constitution. Inconsistent actions are considered unconstitutional and, as a result, null and invalid. In this sense, judicial review is predicated on the existence of a written constitution.

Constitutional Provisions Related to Judicial Review

The Constitution of India has granted the Higher Courts and the Supreme Court of India powers to examine the constitutionality of administrative action and statutes. The major goals of judicial review are to protect public rights and to implement fundamental rights. If a conflict emerges between the State and the Center, Article 246 and Schedule 7 of the Constitution have established a working zone for the formulation of regulations between the two.

High Courts Power of Judicial Review

• Judicial review refers to a high court's authority to examine the constitutionality of legislative acts and executive orders issued by both the central and state governments.
• If they are found to violate the Constitution (ultra-vires), the high court can declare them illegal, unconstitutional, and invalid (null and void). As a result, the government cannot enforce them.
• Though the term "judicial review" is not used in the Constitution, the provisions of Articles 13 and 226 explicitly grant the high court the power of judicial review.
• The constitutional validity of legislative enactment or executive order can be challenged in a high court on three grounds:
• it violates fundamental rights (Part III);
• it is outside the competence of the authority that framed it; and
• It violates the provisions of the constitution.
• The 42nd Amendment Act of 1976 limited the high court's judicial review power. It prohibited the high courts from considering the constitutionality of any central law.
• The 43rd Amendment Act of 1977, however, restored the original position.

Conclusion

Judicial review is a power that High Courts enjoy. If a statute or ordinance is determined to violate the Indian Constitution, they have the authority to declare it unconstitutional.

FAQs

Q1: What is Judicial Review?

Q2: Why is Judicial Review important?

Q3: Which article empowers the Supreme Court for Judicial Review?

Q4: How does Judicial Review differ from Judicial Activism?

Q5: Can Judicial Review override constitutional amendments?

MCQs

1. Which Article of the Indian Constitution provides for Judicial Review?

A) Article 21

B) Article 19

C) Article 13

D) Article 32

2. Which case established the “basic structure” doctrine?

A) Golaknath Case

B) Kesavananda Bharati Case

C) Minerva Mills Case

D) S.R. Bommai Case

3. Judicial Review in India can strike down:

A) Only state laws

B) Only central laws

C) Both state and central laws

D) Only executive orders

4. The term “basic structure” in Judicial Review implies:

A) Inviolable elements of the Constitution

B) Laws only related to Fundamental Rights

C) Elements of Directive Principles

D) None of the above

5. Judicial Review promotes:

A) Executive Supremacy

B) Legislative Power

C) Rule of Law

D) Arbitrary Governance

GS Mains Questions and Model Answers

Q1: Discuss the importance of Judicial Review in maintaining the rule of law in India.

Answer: Judicial review is vital to uphold the rule of law, preventing the misuse of power by legislative and executive bodies. It ensures that government actions align with the Constitution and protects citizens’ fundamental rights. By declaring unconstitutional laws void, judicial review maintains a check on arbitrary governance.

Q2: Explain the "basic structure" doctrine and its implications on Judicial Review in India.

Answer: The basic structure doctrine, established in the Kesavananda Bharati case, limits Parliament’s power to amend certain core aspects of the Constitution. Judicial review can declare amendments invalid if they alter this structure, ensuring that foundational principles like democracy, secularism, and federalism are preserved.

Q3: Evaluate the balance between Judicial Review and Parliamentary Sovereignty in India.

Answer: In India, judicial review checks parliamentary sovereignty by invalidating unconstitutional laws. This balance ensures that legislative actions respect constitutional limits while allowing necessary governance flexibility. Though Parliament has extensive law-making powers, judicial review ensures they do not violate fundamental rights or the Constitution's basic structure.

Previous Year Questions on  High Courts Power of Judicial Review

1. UPSC Mains 2019

Question: Explain the role of Judicial Review in safeguarding Fundamental Rights in India.

Answer: Judicial review serves as a critical mechanism to protect fundamental rights by examining the constitutionality of government actions. By invalidating laws infringing upon rights like equality, freedom, and protection against exploitation, judicial review empowers citizens against arbitrary rule. Through Article 13, the judiciary ensures that no law or executive order breaches fundamental rights, reinforcing India’s democratic principles. Judicial review thus preserves the integrity of the rights enshrined in the Constitution, maintaining accountability and fostering a rights-centric governance.

2. UPSC Mains 2016

Question: Assess the impact of the Kesavananda Bharati case on Judicial Review in India.

Answer: The Kesavananda Bharati case was a landmark in Indian legal history, establishing the "basic structure" doctrine that restricts Parliament’s power to amend essential constitutional principles. Judicial review gained strength as the Supreme Court asserted its authority to nullify amendments that infringe upon the basic structure, which includes fundamental values like democracy, secularism, and federalism. This case reinforced judicial review as a guardian of constitutional integrity, ensuring that no legislative or executive actions undermine core national principles, balancing democracy with stability.