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.
