Judicial Review


Introduction ·         The doctrine of judicial review originated and developed in the USA.

·         1803 case: Marbury v. Madison  by John Marshall, the then chief justice of the American

·         Supreme Court.

·         Indian constitution confers the power of judicial review upon the SC and HCs.

·         SC has declared JR to be a basic feature of the constitution.

·         In India – Const. provides under article (13, 32, 226, 131, 132, 133, 134, 135, 136, 143, 227, 245, 246, 251, 254, 372)

Imp ·         To uphold the principal of supremacy of Constitution.

·         Federal Equilibrium Fundamental Right.

Scope ·         Infringes Fundamental Rights (Part III)

·         Repugnant to the constitutional provisions

·         Competence of the Authority.

MEANING OF JUDICIAL REVIEW ·         Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.

·         Can declare orders/enactments found to be ultra-wires as illegal and invalid.

Categories of JR According to Justice Syed Shah Mohamed Quadri:

·         JR of constitutional amendments.

·         JR of legislations

·         JR of Administrative actions.

Narrower than America ·         Due process of law

·         SC – third chamber/super Legislature arbiter of social policy

Judicial Review of 9th Schedule 31 (B) – save the act from judicial Review

1st CA, 1951 – + 9th schedule


IR Cohelo Case:Can conduct JR for all acts in the 9th Schedule added after 24/04/1973 – Possible if the violate art 14, 15, 19, 21

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