Doctrine of Judicial Review in India: A Judicial

Perspective
Judicial Review is the power of Courts to pronounce upon the constitutionality of
legislative and executive acts of the government which fall within their normal
jurisdiction. It has the origin in the theory of limited government and in the theory
of two laws, viz.. an ordinary law and a supreme law i.e Constitution. According  to
Basu in his book Basu's commentaries on constitution of india, vol 1. any act of the
ordinary law making bodies which contravenes the provisions of the supreme law
must be void and there must be some organ which is to possess the power or
authority to pronounce such legislative acts void. In Fundamental Rights
Case Justice Khanna said that judicial review has became an integral part of our
constitution and a power has been vested in the High Courts and the Supreme
Court to decide about the constitutional validity of the provisions of statutes. If the
provisions of the statutes are found to be voilative of any of the articles of the
constitution which is the touchstone for the validity of all laws the Supreme Court
and the High Courts are empowered to strike down the said provision."

When the Legislature, Executive and Judiciary have harmed the constitutional
values and deny the rights, which have been definite under the Indian Constitution
to the Indian inhabitants. In such circumstances the judicial review plays very
important role as protector for safeguarding the rights of people. It is the long back
journey, where we are right now. However, judiciary has faced burden of many
technocrats, lawyers, politicians and academicians. 

H.M.Seervai in his book of Constitutional Law of India itemized that the

superiority of judicial assessment is the conversant attraction of India, Canada and
Australia, by which mechanism of parting has not been seats in without
ornamentation intelligence under the Indian Constitution. The judicial assessment
is technologically advanced as an indispensable feature in the countries, wherever
written Constitution is adopted. In India, different organs of the government have
been discriminating adequately, their powers and functions has been bifurcated and
one structure of government is not permitted to emancipation the occupations of
alternative organ.