The power of judicial review is vested upon the supreme court and high court of India. It is recognized as the basic and necessary to safeguard freedom and liberty and fundamental rights of an individual. This provision comes under article 13 of the Indian constitution it says that the state and union should not make any rules which violates the fundamental rights of an individual and rule if hearts or abridges this article will be void.
Judicial review can be understood as form of court proceeding where judge decides the legality of decisions and actions. When there is no effective mean of challenge the judicial review comes into play.
To review the administration rules and legality of their decision the constitution of India authorizes supreme court and higher court for judicial review. to guard the rights of public and implementation of the fundamental rights is the main feature of judicial review. If any Centre and state got any difficulty article 246 and schedule 7 is in a working zone.
Judicial review has 3 main features which are:
- To protect the legality of rights under part III of Indian constitution
- To authorize the disinterest of organizational achievement
- Interrogation of public interest
Article 13 of the Indian Constitution:
Laws inconsistent with or in derogation of the fundamental rights
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, 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
(3) In this article, unless the context otherwise requires law includes any Ordinance, order, bye law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force includes laws passed or made by Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas
(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368 Right of Equality
The power to interpret the Constitution of India to its full extent lies within the Judiciary. It is the protector of the Constitution of India. Power of Judicial Review is vested in many articles such as 13, 32,131-136, 143, 226, 145, 246, 251, 254 and 372.
Article 372(1) talks about Judicial review of the pre-constitutional laws that were in force before the commencement of the Constitution of India.
The concept of separation of power and rule of law is judicial review
Mechanism for judicial review:
- Judicial review of legislative action
- Juridical review of administrative action
- Juridical review of judicial decision
This was brought up by Supreme Court of India in case of L. Chandra Kumar v. Union of India, stating that the judges of higher court have to interpret legislation up to this end that the Constitutional values are not to be interrupted. To achieve this end, the judges have to keep in mind that the equilibrium of control, specified in the Constitution is not disturbed.
IR Coelho V. State of Tamil Nadu:
In this case law and various other case laws the judicial review was considered to be the integral part of Indian constitution.