Judicial review in the indian constitution is based on

General
1

judicial review in the indian constitution is based on

2

Judicial review in the Indian Constitution is based on

Answer:
Judicial review in the Indian Constitution is primarily derived from the principles of the Rule of Law and the Supremacy of the Constitution. This concept allows the judiciary, especially the Supreme Court and the High Courts of India, to examine the constitutionality of legislative enactments and executive actions. Here’s an in-depth look at the basis and key aspects of judicial review in India:

1. Constitutional Provisions:
Judicial review is explicitly embedded in several articles of the Indian Constitution, most importantly:

  • Article 13: This article declares that all laws that are inconsistent with or in derogation of the fundamental rights are void. It empowers the judiciary to review and nullify any law that violates Fundamental Rights.

  • Article 32 and Article 226: These articles provide individuals with the right to approach the Supreme Court (under Article 32) and High Courts (under Article 226) respectively for the enforcement of Fundamental Rights. This forms the basis for judicial review as it gives the judiciary the power to issue writs for the enforcement of Fundamental Rights.

  • Article 143: This article allows the President to seek the opinion of the Supreme Court on any question of law or fact of public importance.

  • Article 131-136: These provisions collectively grant the Supreme Court the power to settle disputes involving fundamental questions of law.

2. Doctrine of Separation of Powers:
The Indian Constitution adopts the doctrine of separation of powers among the three pillars of democracy: the Legislature, the Executive, and the Judiciary. Judicial review acts as a system of checks and balances, ensuring that no branch oversteps its constitutional limits.

3. Precedents and Landmark Judgments:
Over the years, the Supreme Court of India has reinforced the principle of judicial review through landmark judgments:

  • Kesavananda Bharati v. State of Kerala (1973): This case established the ‘Basic Structure Doctrine,’ which holds that Parliament cannot amend the basic structure of the Constitution. The judiciary has the power to review and strike down constitutional amendments if they alter the basic structure.

  • Minerva Mills Ltd. v. Union of India (1980): This case reasserted that judicial review is a part of the basic structure of the Constitution.

  • Golak Nath v. State of Punjab (1967): The Supreme Court ruled that fundamental rights cannot be abrogated even by a constitutional amendment, reinforcing the power of judicial review.

4. Principle of Rule of Law:
The concept of judicial review is rooted in the principle of the Rule of Law, which mandates that all actions of the government and its officials are bound by law and subject to review by an independent judiciary.

5. Adaptation from Other Jurisdictions:
The concept of judicial review in India is influenced by the doctrines and practices of other democratic countries, particularly the United States. The U.S. Constitution’s model of judicial review provided a framework for the Indian system.

Conclusion
Judicial review is a cornerstone of the Indian democratic structure. It ensures the protection of constitutional supremacy and the fundamental rights of citizens. By permitting the judiciary to annul legislative and executive actions that violate constitutional norms, judicial review maintains the balance of power and safeguards the Constitution against possible transgressions by other branches of government.