Question

How is the doctrine of judicial review working in India?

Answer 1

The doctrines of judicial review working in India are as follows:

1. Constitutional Basis: It is implicit under Articles 13, 32, 131-136, 143, 226, and 246 of the Indian Constitution.
2. Scope: The Indian judiciary can review laws passed by the Parliament and state legislatures. If a law violates any provision of the Constitution, especially fundamental rights, it can be struck down.
3. Landmark Case: Kesavananda Bharati v. State of Kerala (1973) established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution.
4. Nature: It is extensive but limited to constitutional grounds; laws are only reviewed to ensure they do not contravene the Constitution.