JUDICIAL REVIEW BY SONAM NARAYAN

As per Dr.B.R.Ambedkar, judicial review is the heart of the constitution. Judicial Review ensures that there is no misuse or abuse of the power. It ensures that the essence of the constitution as laid down by the founding fathers of the constitution remains the same. In the case of the Gopalan, the supreme court stated that the constitution is supreme. Judicial Review helps to ensure that the rule of law and constitutionalism remains and is not abused. Article 32 and 226 talk about the Judicial Review. It is necessary to distinguish between ‘judicial review’ and ‘judicial control’. The term judicial review has a
restrictive connotation as compared to the term judicial control. Judicial review is ‘supervisory’, rather than ‘corrective’, in nature.https://www.indianbarassociation.org/wp-content/uploads/2013/02/Judicial-Review.pdf   The provision of the judicial review can also be seen in Article 13 of the Indian Constitution which states that the,-

13(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.
13(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.
13(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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. The Judicial Review is enshrined in Article 13 of the Indian Constitution and the reason is that it mainly aims to protect the Fundamental Rights enshrined in part III of the constitution. It helps to ensure that there is the independence of the judiciary. The Judicial Review is the custodian of the Indian Constitution. The scope of the Judicial review is limited in nature. The Doctrine of the Judicial Review was adopted from the USA Constitution. The first case of the Judicial Review was seen in the case of Marbury versus Madison. In India, the High Court and the Supreme Court exercises the power of the Judicial Review. The term Judicial Review is not specifically mentioned in the Indian Constitution. The Judicial Review comes in the basic structure of the constitution and it cannot be amended. It gives the judiciary the power to judge any law made by the legislature, or any order of the executive whether it violates the constitutional provision or not. If the law made by the legislature or by the executive is ultra vires in nature then in that case the judiciary can deny it as per the judicial review. The passing of the ordinance by the President doesn’t come under the provision of the Judicial Review as per the case of the AK Roy v. Union of India (1982) 1 SCC 271.

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