Introduction
Judicial review refers to the inherent power of the judiciary to examine the constitutionality of legislative enactments, executive orders, and constitutional amendments. If any law or order is found to be in violation of the constitutional provisions or values, the courts can declare it ultra vires and void. Although the phrase 'judicial review' is not explicitly used in the text of the Indian Constitution, the power is firmly embedded in its constitutional framework.
Constitutional Basis of Judicial Review
The power of judicial review in India is anchored in several key constitutional provisions:
- Article 13: Acts as the bedrock of judicial review by declaring that all pre-constitutional and post-constitutional laws inconsistent with or in derogation of Fundamental Rights are void to the extent of such inconsistency.
- Articles 32, 136, and 142: Confer comprehensive original, appellate, and plenary jurisdiction upon the Supreme Court to enforce fundamental rights and ensure complete justice.
- Articles 226 and 227: Grant the High Courts wide powers to issue writs for the enforcement of Fundamental Rights and for any other legal rights, along with power of superintendence over subordinate courts.
Basic Purpose of Judicial Review
The primary purpose of judicial review is to preserve the supremacy of the Constitution and protect democratic governance through several critical functions:
- Protection of Fundamental Rights: It acts as a bulwark against arbitrary executive and legislative actions, safeguarding individual liberties and fostering constitutional morality (e.g., striking down the practice of instantaneous Triple Talaq).
- Preservation of Constitutional Supremacy: It ensures that all statutory laws adhere strictly to constitutional limits. For instance, in 2024, the Patna High Court struck down the Bihar Reservation Amendment Act, 2023—which had raised reservations to 65%—citing violation of Article 14 and the breach of the 50% ceiling limit established by the Supreme Court.
- Safeguarding the Basic Structure: Under the Basic Structure Doctrine established in the Kesavananda Bharati case (1973), judicial review prevents absolute parliamentary supremacy by vetting constitutional amendments, as demonstrated when the Supreme Court struck down the 99th Constitutional Amendment Act and the National Judicial Appointments Commission (NJAC).
- Maintenance of Federal Equilibrium: It adjudicates jurisdictional disputes between the Union and States, preventing either tier of government from encroaching upon the legislative sphere of the other.
Conclusion
While judicial review serves as an indispensable check against legislative and executive overreach, the judiciary must balance this authority with judicial restraint. Avoiding tendencies of judicial overreach is essential to preserving the doctrine of separation of powers and maintaining mutual institutional trust.