Judicial Review in India

Constitutional Aspects

• While the Indian constitution does not explicitly grant the courts the authority to invalidate laws, it does impose clear limitations on each branch of government. These limitations, if breached, render a law void.
• The responsibility of determining whether these constitutional boundaries have been exceeded lies with the judiciary.
• Several constitutional provisions support the process of judicial review:
  • Article 372(1) establishes the judicial review of pre-constitution legislation.
  • Article 13 declares any law conflicting with the Fundamental Rights section as void.
  • Articles 32 and 226 assign the roles of safeguarding and ensuring Fundamental Rights to the Supreme Court and High Courts.
  • Articles 251 and 254 ....