Judicial Review in India an Analysis

5 Pages Posted: 19 Dec 2015

Date Written: December 17, 2014

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

Suggested Citation

Srivastava, Dr. Ashutosh Kumar and Srivastava, Puja, Judicial Review in India an Analysis (December 17, 2014). Available at SSRN: https://ssrn.com/abstract=2705279 or http://dx.doi.org/10.2139/ssrn.2705279

Dr. Ashutosh Kumar Srivastava (Contact Author)

Faculty of Law, University of Delhi ( email )

B-107 Nandani Bhawan
Santnagar MainRoad, Burari
Delhi, Delhi 110084
India
09610097098 (Phone)

Puja Srivastava

Jayoti Vidyapeeth ( email )

Jaipur
India

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