Judicial Review in India an Analysis

Abstract

The Ultimate power of Judiciary to review and determine validity of a law or an order may be described as the power of "Judicial Review."

In India we are following the rule of Law it means that the constitution is the Supreme law of the land and any law in consistent there with is void. The term refers to "the power of a court to inquire whether a law executive order or other official action conflicts with the written constitution and if the court concludes that it does, to declare it unconstitutional and void."

It is the power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution.

Judicial Review Refers the Power of Judiciary to interpret Constitution and to declare any such Law or order of legislature or executive void. If it finds them conflict the constitution of India.

Judicial review has two important functions, like, of legitimizing government action and; the protection of constitution against any undue encroachment by the government.

Keywords: Judiciary to review, Judicial Review, power of Judiciary, constitution of India, government action