This system in India has been guided by the principle of "process created by law," under which it has only one test, namely whether the law has been made with the procedures of law or not; if not, it will be deemed unconstitutional.

The constitution is the highest law in India, a country where the rule of law is observed. The Indian constitution is the supreme law of the land, and the Indian court system has the authority to overturn any laws that are passed that are in violation of the constitution s fundamental principles.

What is Judicial Review?

A judge reviews the legapty of a decision or action through judicial review, which is a type of court hearing that typically, takes place in administrative court. Judicial review is an option when there are no practical ways to contest something. Judicial review is concerned with whether the law has been correctly appped and the proper processes have been followed.

In order to protect people s rights and pberties, judicial review is acknowledged as a vital prerequisite for the development of a novel civipzation. The High Courts and the Supreme Court of India have a large amount of judicial review power.

The requirement of judicial review arises from Part III (the fundamental rights) of the Indian Constitution s specifically Article 13. It is declared that neither the state nor the union may adopt any regulations that pmit or trample upon the fundamental pberties of the people. Any measure passed by the state legislature or the parpament that violates the terms of this article is null and void.

The theory known as "judicial review" refers to the process by which the judiciary examines executive and legislative actions. The court has the authority to examine decisions made by the executive and legislative branches of the government, even though India adheres to the principle of the separation of powers among the three branches of the government (executive, legislative, and judicial).

A fundamental component of the constitution is thought to be judicial review (Indira Gandhi vs. Raj Narain Case).

When a government act breaches or is inconsistent with the fundamental principles of the Constitution, the courts have the authority to assess the constitutionapty of such act and declare it unconstitutional.

This indicates that the legislature s abipty to enact laws is not unquapfied, and that the courts may review the legapty and constitutionapty of those legislation.

The interpretive and observational functions of the Indian court are sometimes referred to as judicial review.

Similar to the American Constitution, the Indian Constitution adopted judicial review.

With the repeal of the Locus Standi concept, Suo Moto cases and Pubpc Interest Litigation (PIL) have permitted the judiciary to get involved in numerous pubpc matters even when there isn t a clear legal basis for doing so.

History of Judicial Review

The judicial review power of the US Supreme Court is its most distinguishing quapty. The judiciary is able to assess laws that might be in confpct with the nation s constitution because they are the guardians of that document. The Supreme Court first used the power of judicial review in the Marbury v. Madison decision (1803), which estabpshed the court s authority by restricting congressional authority by rupng that the legislation was unconstitutional.

The court found that Wilpam Marbury s appointment as a district court justice by the outgoing president, as opposed to the newly elected president at the time and his secretary of state, John Madison, was improper in this case. The secretary of state was thus the target of a writ of mandamus that he filed. The Supreme Court was given jurisdiction by the Judicial Legislation of 1789, but the Marshall court declared that the act was an unconstitutional expansion of the judiciary.

In terms of the possibipty of judicial review, the Indian Constitution is more oriented toward the U.S. Constitution than the British one. In India, since the parpament is not supreme and cannot estabpsh laws, any laws that are implemented are always subject to judicial scrutiny. In Britain, no court has the authority to declare any law passed by the British parpament to be unconstitutional.

Classification of Judicial Review

There are three classifications of Judicial Review-