Question

Explain the Judicial Review power of Supreme Court of India.

Judicial Review Power of Supreme Court.

Answer 1

The Judicial Review power of the Supreme Court of India is the authority to examine the constitutionality of laws passed by the legislature and actions taken by the executive. If any law or executive action is found to be inconsistent with the provisions of the Constitution, the Supreme Court can declare it null and void.

This power is derived from Articles 13, 32, 131–136, 143, 226, and 246 of the Indian Constitution. Article 13 explicitly states that any law violating Fundamental Rights shall be void.

• Protection of Fundamental Rights: The Court ensures that no law infringes upon the rights guaranteed under Part III of the Constitution.
• Doctrine of Basic Structure: Established in the Kesavananda Bharati case (1973), this doctrine limits the power of Parliament to amend the Constitution in a way that alters its basic features.
• Review of Constitutional Amendments: Even constitutional amendments can be reviewed to ensure they do not violate the basic structure.
• Checks and Balances: It acts as a guardian of the Constitution and a check on legislative and executive excesses.

In essence, judicial review in India is a fundamental feature of the Constitution, aimed at upholding the rule of law, constitutional supremacy, and the rights of citizens.