Understanding Judicial Review in the Indian Constitution

Judicial review is the power of the courts to examine the laws passed by the legislature and the actions of the executive to determine if they are constitutional. If found unconstitutional, they can be declared void.

Article 32 and Constitutional Remedies

Article 32 of the Constitution of India grants the right to individuals to approach the Supreme Court of India for the enforcement of their fundamental rights. The Supreme Court has the power to issue various writs (like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) for this purpose. The very act of issuing these writs involves reviewing the constitutionality and legality of government actions, forming a core basis of judicial review.

Article 226 and High Court Powers

Article 226 extends similar powers to the High Courts. It allows High Courts to issue directions, orders, or writs, similar to those issued by the Supreme Court, for enforcing fundamental rights and, importantly, for "any other purpose". This provision empowers High Courts to exercise judicial review over legislative and executive actions within their jurisdiction.

Conclusion: Articles Granting Judicial Review Power

Both Article 32 and Article 226 are pivotal as they explicitly empower the highest courts in India (Supreme Court and High Courts) to safeguard the Constitution by reviewing laws and government actions. Therefore, these two articles most clearly express the power of judicial review in the Indian legal framework.