JUDICIAL REVIEW

IN INDIA
DEFINITION
Judicial review refers to the power of the
judiciary to interpret the constitution and to
declare any such law or order of the legislature
and executive void, if it finds them in conflict the
constitution of India
JUDICIAL REVIEW IS THE POWER OF
JUDICIARY
The court reviews the laws and rules of the
legislature and executive in cases that come
before them
The court determines the constitutional validity
of the laws and the rules of the government
The court rejects that law or any of its part which
is found to be unconstitutional or against the
constitution
FEATURES OF JUDICIAL REVIEW
Judicial review power is used by both the
supreme court and high court
Judicial review cannot be conducted in respect
of the laws incorporated in the 9th scheduled of
the constitution
It covers laws and not political issues
It is not automatic
The supreme court can decide the decisions in
judicial review
POINTS OF CRITICISM
Critics describe judicial review as an
undemocratic system.
The constitution of India does not clearly
describe the system of judicial review.
Several critics regard the judicial review as a
reactionary system
Judicial review is a source of delay and
inefficiency. They prepare to wait and let
supreme court decide first
JUSTIFICATION OF JUDICIAL REVIEW
The judicial review is essential for maintaining
the supremacy of the constitution.
It is essential for checking the possible misuse of
power by the legislature and executive
It is a device for protecting the rights of the
people
It has helped the supreme court of India in
exercising its constitutional duties