Question

What are the features of Judicial Review in India?

Answer 1

Features of Judicial Review in India:

1. Constitutional Basis: Judicial review in India is derived from the Constitution, primarily Article 13, which states that any law inconsistent with or in derogation of fundamental rights shall be void.
2. Power of the Higher Judiciary: The Supreme Court and High Courts have the authority to examine the constitutionality of laws and executive actions.
3. Safeguard of Fundamental Rights: Judicial review acts as a protector of fundamental rights by striking down laws or actions that violate them.
4. Limited and Not Absolute: Judicial review in India is limited by the Constitution itself. It does not allow judicial supremacy, as the Parliament retains the power to amend the Constitution (except the basic structure).
5. Part of Basic Structure Doctrine: The Kesavananda Bharati case (1973) established that judicial review is a part of the basic structure of the Constitution and cannot be taken away by any amendment.