Judicial Review and Indian Courts
JUDICIAL REVIEW AND THE INDIAN COURTS
Literally the notion of judicial review means the revision of the decree or sentence of an inferior court by a superior court. Judicial review has a more technical significance in pubic law, particularly in countries having a written constitution which are founded on the concept of limited government. Judicial review in this case means that Courts of law have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution.
The doctrine of judicial review has been originated and developed by the American Supreme
Court, although there is no express provision in the American Constitution for the judicial review. In Marbury v. Madison, the Supreme Court made it clear that it had the power of judicial review. Chief Justice George Marshall said,“ Certainly all those who have framed the written
Constitution contemplate them as forming the fundamental and paramount law of the nations, and consequently, the theory of every such Government must be that an act of the legislature, repugnant to the Constitution is void”.
There is supremacy of Constitution in U.S.A. and, therefore, in case of conflict between the
Constitution and the Acts passed by the legislature, the Courts follow the Constitution and declare the acts to be unconstitutional and, therefore, void. The Courts declare void the acts of the legislature and the executive, if they are found in violation of the provisions of the
Constitution.
Judicial Review In India
The constitution of India, in this respect, is more a kin to the U.S. Constitution than the British.
In Britain, the doctrine of parliamentary supremacy still holds goods. No court of law there can declare a parliamentary enactment invalid. On the contrary every court is constrained to enforce every provision" of the law of parliament.
Under the constitution of India parliament is not Supreme. Its powers are limited in
Literally the notion of judicial review means the revision of the decree or sentence of an inferior court by a superior court. Judicial review has a more technical significance in pubic law, particularly in countries having a written constitution which are founded on the concept of limited government. Judicial review in this case means that Courts of law have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution.
The doctrine of judicial review has been originated and developed by the American Supreme
Court, although there is no express provision in the American Constitution for the judicial review. In Marbury v. Madison, the Supreme Court made it clear that it had the power of judicial review. Chief Justice George Marshall said,“ Certainly all those who have framed the written
Constitution contemplate them as forming the fundamental and paramount law of the nations, and consequently, the theory of every such Government must be that an act of the legislature, repugnant to the Constitution is void”.
There is supremacy of Constitution in U.S.A. and, therefore, in case of conflict between the
Constitution and the Acts passed by the legislature, the Courts follow the Constitution and declare the acts to be unconstitutional and, therefore, void. The Courts declare void the acts of the legislature and the executive, if they are found in violation of the provisions of the
Constitution.
Judicial Review In India
The constitution of India, in this respect, is more a kin to the U.S. Constitution than the British.
In Britain, the doctrine of parliamentary supremacy still holds goods. No court of law there can declare a parliamentary enactment invalid. On the contrary every court is constrained to enforce every provision" of the law of parliament.
Under the constitution of India parliament is not Supreme. Its powers are limited in