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Concept of Judicial Review

                                                                


                          Concept of  Judicial Review 

Judicial review is the exercise of power by superior courts to test the legality of any governmental/ State action . It is the exertion of the court’s inherent power to determine whether an action is lawful or not and to grant appropriate relief. 

This concept is enshrined in our Indian Constitution and also forms a part of the basic structure of constitution ( Keshvananda Bharati v. Union of India , AIR 1973 SC 1461). Art 13 read with articles 32, 226,227 expressly confer this power. It is such a power and that type of jurisdiction that is most frequently and potently involved and exercised.

Judicial review is being founded on the concept of limited government. In India it extends to testing the constitutional amendments on the touchstone of basic structure of constitution.

Scope of Judicial Review 

It can declare any law passed by the state legislatures as null and void if it violates the fundamental rights or any other  provisions of the Constitution.

Three principles of Judicial Review 

1. The Constitution is the supreme law of the country 

2. The Supreme Court has the ultimate authority in ruling on constitutional matters.

3. The Judiciary must rule against any law that conflicts with the constitution.

What special power does it have?

It helps the courts to examine the actions of the three bodies of the government and helps to identify whether such actions are within the purview of the constitution. Actions inconsistent with the constitution of India are declared null and void. 

Duration of Judicial Review Cases decision 

 6 weeks and can be delayed by 3 months

  
Conclusion 

Thus we can say that this concept was designed by the constitution to test the lawfulness of the matter and whether it is in line with the principles of the constitution. Judicial Review are a challenge to the way in which a decision has been made , rather than measuring the rights and wrongs of the conclusion.











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Location: CJ2P+XX Nagda, Madhya Pradesh, India

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