Judicial Review And The Indian Courts - 1444 Words

Political Science Essay Monsoon Semester 2014 Submitted by- Pradyumna Soni 214048 JUDICIAL REVIEW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also try to provide every citizen what has been guaranteed by the constitution. Judicial review has a more technical significance in public law,†¦show more content†¦Judicial Review in India The constitution of India, in this respect, is more similar to the U.S. Constitution than the British. Under the constitution of India parliament is not supreme. Its powers are limited in the two ways. First, there is the division of powers between the union and the states. Parliament is allowed to pass laws only with respect to those subjects which are guaranteed to the citizens against every form of legislative encroachment. The power of judicial review of legislation is given to the judiciary both by the political theory and text of the constitution. There are several specific provisions in the Indian constitution, judicial review of legislation such as Act 13, 32, 131-136, 143, 226, 145, 246, 251, 254 and 372. Judicial review is a great weapon given to the judges. It includes the power of a court to hold illegal and unenforceable any law or order based upon such law or some other activity by an open power which is conflicting or in clash with the fundamental law that must be adhered to. Truth be told, the investigation of constitutional law may be depicted as an investigation of the precept of judicial review in action. The courts have force to strike down any law, on the off chance that they trust it to be unconstitutional. In the case I.R. Coelho v. State of Tamil Nadu the court laid down a