jubicial review is recognized as a necessary and a basic requirement for
construction up of a novel civilization in order to safeguard the liberty and rights of
the individuals. The power of judicial review is significanfly vested upon the High
Courts and the Supreme Court of lndia.
Under Article 13 of the lndian Constitution, the compulsion of judicial review was
described in fundamental rights in Part lll. lt is stated that the State or the Union
shall not make such rules that takes away or abridges the essential rights of the
people. lf any law made by the Parliament or the State Legislature contravenes the
provisions of this Article, shall be void[1].
Meaning of Judicial Review
Judicial Review can be understood
laMas a form of court proceeding, usually in the
ulness of a decision or action is reviewed by the
Administrative Court where the
judge. Where there is ns of challenge, judicial review is available.
The concern behind Jthat whether the law has been correctly
applied with and right been followed.[2]
Judicial Review And Constitution f lndia
ln order to scrutinize the legitima of administrative action and the statutes, the
Constitution of lndia has given iuences to the Higher courts and the Supreme
Court of lndia. To guard the righ of public and implement the fundamental rights
are the main objects of judicial iew. lf any difficulty arises between State and
Center relation, then Article 246 and the Schedule 7 of the Constitution has marked
the working zone for the regulation construction between both State and Center.
Judicial review has evolved in three dimensions:
# To protect the legality of essen al rights under Part lll of the lndian Constitution.
rganizational achievement.
3l
io
Laws inconsistent with or in de gation of the fundamental rights
(1) All laws in force in the territo of lndia immediately before the commencement of
this Constitution, in so far as th
shall, to the extent of such inco are inconsistent with the provisions of this Part,
sistency, be void
(2) The State shall not make any law which takes away or abridges the rights
conferred by this Part and any law made in contravention of this clause shall, to the
extent of the contravention, be void
# To authorize the disinterest of
# lnterrogation of public interest.
Article 13 of the lndian Constitut n
