Judicial review is the backbone of Indian democracy, it maintains a check & balance between Legislature, Executive, and administrative authorities. without a Judicial review, the written constitution would lose his constitutional value.
In India’s constitutional democracy, judicial review safeguards the rule of law, protects fundamental rights, and maintains the balance of power among the three organs of the State.
What is Judicial Review?
Judicial review is the power of the judiciary to interpretate the constitutionality of legislative enactments, executive actions, and administrative decisions. if any law violates the ethos of constitution and inconsistent with fundamental right or basic structure of Indian Constitution, it would be void.
The doctrine enables the Supreme Court and High Courts to act as guardians of the Constitution. It said that:
- The Legislature does not excess unlimited power
- The Executive does not misuse its powers.
- Fundamental Rights are not infringed.
Types of Judicial Review in India
Judicial review in India operates under three broad categories:
1. Judicial Review of Legislative Actions
Courts examine whether laws passed by Parliament or State Legislatures are:
- Within legislative competence, and
- Consistent with Fundamental Rights and other constitutional provisions.
2. Judicial Review of Executive and Administrative Actions
Courts scrutinize executive orders, policies, and administrative decisions to ensure:
3. Judicial Review of Constitutional Amendments
- They are lawful,
- Non-arbitrary, and
- Comply with constitutional and statutory limits.
The judiciary examines whether constitutional amendments violate the Basic Structure of the Constitution.
This power was conclusively established in Kesavananda Bharati v. State of Kerala (1973).
Doctrine of Basic Structure
In Kesavananda Bharati, the Supreme Court held that Parliament can amend the Constitution but cannot destroy its basic structure.
Elements of Basic Structure include:
- Supremacy of the Constitution
- Rule of Law
- Separation of Powers
- Judicial Review
- Federalism
- Secularism
- Free and Fair Elections
Thus, judicial review itself forms part of the basic structure.
Why Judicial Review is Important
Judicial review performs several indispensable functions:
- Upholds Constitutional Supremacy – Constitution remains the highest law.
- Protects Fundamental Rights – Courts strike down laws that violate Part III.
- Prevents Abuse of Power – Ensures authorities act within limits.
- Maintains Checks and Balances – Prevents concentration of power.
- Promotes Rule of Law – Government is bound by law, not arbitrariness.
- Preserves Federal Balance – Resolves Centre-State conflicts.
- Strengthens Democracy – Protects minority and individual rights.
Scope of Judicial Review in India
A law or executive action may be challenged on the following grounds:
- Violation of Fundamental Rights
- Lack of Legislative Competence
- Contravention of Constitutional Provisions
- Manifest Arbitrariness
- Malafide or Abuse of Power
“In Landmark case of Maneka Gandhi v. Union of India (1978), Supreme court expanded “procedure established by law” to include fairness, reasonableness, and non-arbitrariness—bringing it closer to follow due process, by following principle of natural justice.“
Limitations of Judicial Review
- Courts do not sit as appellate bodies over policy wisdom.
- Judicial review concerns legality, not merits of decisions.
- Excessive interference may result in judicial overreach.
- Courts generally avoid interference in purely political questions.
The judiciary follows the principle of judicial restraint.
Benefits of Judicial Review
- Ensures accountability of government
- Strengthens constitutional governance
- Enhances public confidence in justice system
- Protects minorities and vulnerable groups
- Encourages transparent administration
Constitutional Provisions Supporting Judicial Review
| Article | Provision |
|---|---|
| Article 13 | Laws inconsistent with Fundamental Rights are void |
| Article 32 | Right to constitutional remedies |
| Articles 131–136 | Supreme Court’s jurisdiction |
| Article 226 | High Courts’ writ jurisdiction |
| Article 227 | Superintendence of High Courts |
| Articles 245–246 | Legislative competence |
| Articles 251 & 254 | Union law prevails over State law |
| Article 372 | Review of pre-Constitution laws |
| Article 143 | Advisory jurisdiction of Supreme Court |
Landmark Supreme Court Judgments
- Kesavananda Bharati v. State of Kerala (1973) – Basic Structure Doctrine
- Minerva Mills v. Union of India (1980) – Judicial review is part of basic structure
- Maneka Gandhi v. Union of India (1978) – Expanded scope of Article 21
- L. Chandra Kumar v. Union of India (1997) – Power of judicial review vested in SC & HCs is part of basic structure
- IR Coelho v. State of Tamil Nadu (2007) – Ninth Schedule laws subject to judicial review
Conclusion
Judicial review is the soul of constitutionalism in India. It transforms the Constitution from a symbolic document into a living and enforceable charter of rights. By acting as the sentinel on the qui vive, the judiciary ensures that democracy does not collapse into authoritarianism.
Although judicial review must be exercised with restraint, its existence is indispensable for protecting liberty, preserving federalism, and upholding the rule of law. As India continues to evolve, judicial review will remain a cornerstone of constitutional governance and democratic stability.