Judicial review in India is the power of the Indian judiciary to review and determine the constitutionality and legality of legislative and executive actions. It is an essential feature of the Indian Constitution, which provides for a system of checks and balances to ensure that the executive and legislative branches of government do not overstep their constitutional limits.
The power of judicial review in India is derived from Article 13 of the Constitution, which provides that any law that is inconsistent with the fundamental rights guaranteed under Part III of the Constitution shall be void to the extent of such inconsistency. The Supreme Court of India, as well as the High Courts, are empowered to review the constitutionality of laws and executive actions and strike them down if they are found to be unconstitutional.
In India, the power of judicial review is not only limited to determining the constitutionality of laws and executive actions but also extends to administrative decisions and policies. The judiciary can review administrative decisions and policies on the grounds of arbitrariness, irrationality, or unreasonableness.
Judicial review in India is not an absolute power and is subject to certain limitations. For instance, the judiciary cannot question the wisdom or policy behind a legislative or executive decision. It can only examine whether the decision was taken within the constitutional and legal limits.
Overall, judicial review in India is a crucial safeguard against the abuse of power by the government and ensures that the Constitution remains the supreme law of the land.
