JUDICIAL REVIEW: A CONCEPTUAL DISCUSSION
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”
- Chief Justice John Marshall
- In democratic countries judiciary is given a place of great significance. It is because the Judiciary plays role of protector of constitutional values. Therefore, the Constitution of India has created an independent judiciary which is vested
with the power of judicial review to determine the legality of law and any executive action. Judicial Review can be defined as the power of judiciary to interpret the Constitution and to declare any law or order of the legislature and
executive void, if it finds them in conflict with the provisions of the Constitution.2 Judicial Review in India is governed by the principle of Procedure Established by Law. Under this principle the court checks following things:
i. Whether the law made is in accordance with the powers granted by the Constitution to the law-making body.
ii. Whether the law making bodies have followed the prescribed procedure or not. If the court finds that the Act of the law making bodies violate the provisions of the Constitution and are violative of the procedure established by law then the Court strikes down the said law and declares it as void. The power of judicial review is granted to the Supreme Court and High Courts under Articles 13, 32,131-136,143, 226 and 246 of the Constitution. Thus, it can be said that unlike the United States, the Constitution of India explicitly establishes the doctrine of judicial review.
