It has been written by Prerit Upadhaya, a law student of Vivekananda Institute of Professional Studies (VIPS-TC)

INTRODUCTION:

In today's society, the law is crucial. Individuals have renounced their rights and made a deal with the state whereby the state guaranteed them protection from wrongdoing. At this point in the development of the rule of law, the law might become arbitrary and abused without justice. Judicial Review has thus been further embraced to maintain a check and balance on the authority of each branch of government. The procedure by which the court declares any legislation that violates the Constitution to be invalid is known as judicial review. Judicial review refers to the Supreme Court's (or High Courts') authority to consider whether a statute is constitutional. Should the Court determine that a law conflicts with the Constitution, it will be deemed unconstitutional and rendered inapplicable. There are three branches of government in India: the legislative, executive, and judicial branches. The Executive carries out the task of carrying out the executive laws, while the Judiciary supervises the actions of the two organs mentioned above to ensure that the laws being formed and carried out do not go beyond the bounds of the Indian Constitution. The separation of powers provision of our constitution allows these organs to function within their designated parameters. The division of powers is discussed in Article 50 of the Indian Constitution.

HISTORICAL BACKGROUND/ORIGIN OF JUDICIAL REVIEW:

The concept of judicial review finds its roots in English common law as well as in American law. Its evolution can be traced back to several key moments in legal history:

1) British common law: As judges in England started to carefully examine whether government activities and decisions were lawful and conformed to recognized legal principles and statutes, judicial review developed. The judicial monitoring process had a vital role in molding the concept of the rule of law, highlighting that law is supreme to all, even the government.

2) American Constitutionalism: The United States Constitution was passed in 1787. Chief Justice John Marshall of the Supreme Court established the court's jurisdiction to interpret the Constitution and declare legislative and executive actions illegal if they violated its provisions in the historic case of Marbury v. Madison (1803), which marked a turning point in American jurisprudence. This ruling established the standard for courts across the globe and established the concept of judicial review in the United States.

Although Marbury v. Madison is frequently cited as the case that established judicial review in its current form, there are earlier legal traditions that have used the idea of judicial review.

ORIGIN OF JUDICIAL REVIEW IN INDIA:

The roots of judicial review in India can be traced back to the colonial era and the subsequent development of its constitutional framework:

1) Colonial legacy: India was ruled by British colonial legislation passed by the British Parliament before to its independence. Judicial review was a notion in the British legal system that allowed courts to check whether legislation and administrative acts were compliant with statutory requirements and constitutional principles.

2) The Indian Constitution: Following attaining independence in 1947, India drew up its own Constitution, which was ratified on January 26, 1950. To preserve the supremacy of the Constitution and defend fundamental rights, the Indian Constitution's founders included provisions for judicial review, drawing inspiration from several sources, including the US Constitution and British legislative customs.

OVERVIEW OF JUDICIAL REVIEW:

Modern constitutional democracies are built on the principle of judicial review, which gives judges the power to assess whether laws, rules, or government actions are constitutional. This essential idea makes sure that the executive and legislative branches respect the boundaries established by the Constitution and do not interfere with people's basic liberties.

DEFINITION AND PURPOSE:

Judicial review fundamentally refers to the ability of courts to examine and declare unconstitutional government acts or laws. With most democratic nations, the constitution is the ultimate law of the land, and this authority enables judges to make sure that legislation adhere to its precepts and stipulations. As a check on despotism, judicial review defends people's rights and the interests of minority against possible abuses of state authority.

USE OF JUDICIAL REVIEW IN INDIA:

In India, judicial review has been used in several land mark cases. Cases like Kesavananda Bharati v. State of Kerala (1973), which established the basic structure doctrine, emphasized the judiciary's power to examine constitutional revisions that conflict with the fundamental framework of the document.

IMPACT OF JUDICIAL REVIEW IN INDIA:

1) Protection of fundamental rights: In India, judicial review is essential to protecting the fundamental rights enshrined in Part III of the Constitution. The power to declare any law or action by the government illegal if it infringes upon fundamental rights rests with the Supreme Court and the High Courts, guaranteeing that citizens' liberty are shielded from capricious state action.

2) Constitutional interpretation: In India, judicial review entails reading the Constitution in the context of changing social norms and issues, just like it does in other countries. By playing this interpretive role, the court is able to guarantee the Constitution's validity and application in a changing society by applying constitutional principles to current circumstances.

3) Judicial activism: The Indian judiciary has demonstrated judicial activism over the years, taking proactive measures to uphold fundamental rights and defend the interests of underrepresented groups. Significant rulings like Maneka Gandhi v. Union of India (1978) increased the breadth of fundamental rights and emphasized how broadly they should be interpreted and upheld.

4) Federal structure and Centre-State relations: In cases where the Union and State governments disagree, the judiciary mediates the disagreements and makes sure that each government stays within its constitutional bounds.

EVOLVING ROLE IN CONTEMPORARY INDIA:

To address the difficulties of globalization, technical improvements, and societal changes, judicial review is still evolving in modern India. A growing number of judges are paying close attention to issues including social justice, environmental preservation, and digital age privacy concerns. The Supreme Court has widened the definition of rights and liberties protected by the Constitution to take into account the goals of a vibrant and diverse society through its progressive rulings.

Moreover, the preservation of democratic governance and the rule of law depend heavily on the independence of the Indian judiciary and its function as the protector of the Constitution. The judiciary's proactive approach to guaranteeing transparency and accountability in government has strengthened its position as a guardian of citizens' rights and a pillar of democracy.

CONCLUSION:

Even though it has diverse historical and constitutional roots in India, judicial review plays a key role in promoting a just society for future generations and safeguarding the rule of law.

REFERENCES:

1. U.S. Senate,’Constitution of the United States’< https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm> , accessed on 3rd of August,2024

2. U.S (1 Cranch) 137 (1803)

3. Centurylawfirm.in, ‘ Judicial Review In India: Importance,Landmark cases and criticism’ <https://www.centurylawfirm.in/blog/judicial-review-in-india/#:~:text=The%20power%20of%20judicial%20review,amending%20power%20of%20the%20Parliament.> , accessed on 3rd of August,2024

4. Writ Petition (civil) 135 of 1970

5. AIR 1978 SC 597; (1978) 1 SCC 248