Judicial Review Definition , It’s Purpose And Judicial Review in Indian constitution

Judicial Review 

Meaning :

# Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.Judicial review is one of the checks and balances in the separation of powers

#Judicial review is the power of the Supreme Court and the High Courts to examine the constitutionality of the Acts of the Parliament and the state legislatures and executive orders both of the centre and state governments. If it is found that any of its provisions are in violation of the provisions of the constitution, they can be declared unconstitutional or ultra-vires of the constitution and a law declared by the Supreme Court as unconstitutional cannot be enforced by the government.

Purpose Of Judicial Review :

# To uphold the principle of the supremacy of the Constitution.
# To maintain federal equilibrium i.e. balance between the centre and the states.
#  To protect the fundamental rights of the citizens.
# Judicial review is important because laws passed need to be checked to make sure they are constitutional.
# Judicial review is important because it allows the higher courts to review the outcomes of the lower courts.
#  It helps to check on the other branches of government.
# The main importance of judicial review is to protect individual rights, to balance government powers and to create and maintain equality to every person.
# The system of civil liberties that we know of today would be very different without judicial review.

Menaka Case and Judicial Review :

The Supreme Court considerably widened the scope of judicial review in India through its judgement in Maneka Gandhi’s case. In this case, the Supreme Court accepted the concept of natural justice as one essential component of law thereby importing the American concept of ‘due process of law’ into our Constitution.

Judicial Review In Constitution :

# The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution insofar as the High Courts are concerned.
#  In regard to the Supreme Court Articles 32 and 136 of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public functions.
# Article 13(2) of the Constitution of India prescribes that the Union or the States shall not make any law that takes away or abridges any of the fundamental rights, and any law made in contravention of the aforementioned mandate shall, to the extent of the contravention, be void.

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