|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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