Doctrine of Judicial Review in Indian Constitution

Mohd Faiz Khan and Syed Umam Fatima Hasan
Integral University, Lucknow, India.

Volume III – Issue I, 2021

The final judicial power to review and determine the application of a law or order may be defined as the power of the “Judicial Review”. In India we follow the rule of law which means that the Constitution is the supreme law of the land and any law that goes against it shall not apply. Judicial review means “the power of the court to inquire whether the law governing it or any other legal act is contrary to the written Constitution and if the court concludes that it does so, it means that it is unconstitutional and ineffective.” It is the power found in the national courts to scrutinize the legislatures, administrative and administrative arms of government and to ensure that such actions are in accordance with the provisions of the Constitution of the country. Judicial review Refers to the judiciary’s ability to interpret the Constitution and promulgate any such law or order of the legislature or executive. Legal review has two important functions, such as legalizing government action; constitutional protection from any unjustified harassment by the state. The Constitutions of most parliamentary democracies provide an unambiguous legal review, a process that allows a specified number of Parliamentarians to initiate legal reviews against the law in the absence of a valid case. The major conclusion is that the most important results of the invisible review are inaccurate and anticipated. In addition, the ambiguous review results in much more legal proposals than expected in your absence. Finally, the model reveals that such a balance is based on the level of sentencing in the legislature. Surprisingly, an impartial court will be placed in a lower court, even though its impact on policy is great.


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