Question

Write about the Judicial Review.

What is Judicial Review?

Explain the meaning of Judicial Review.

Answer 1

Judicial review is the power of the Supreme Court and High Courts to examine the constitutionality of legislative enactments and executive actions of both the central and state governments. Though the term “judicial review” is not explicitly mentioned in the Constitution, it is derived from Articles 13, 32, 226, and 227 and has been affirmed by the judiciary over time.

Articles 226 and 227 confer this power on High Courts, while Article 32 empowers the Supreme Court. The 42nd Amendment Act of 1976 attempted to limit the high courts’ power by barring them from ruling on the constitutional validity of central laws. However, the 43rd Amendment Act of 1977 repealed this provision, restoring the High Court’ authority.