Judicial review was originated in the United States in the famous case of Marbury vs.
Madison (1803). In a democratic country like India, one of the most important features of the independent judiciary is the power of judicial review. By using this doctrine, the judiciary keeps the executive and legislature within the purview of the Constitution. Judicial review simply advocates that all actions of executive and legislatures are subject to review and it may become invalid by the judiciary if it is in contradiction of the Constitution. In a democratic society, judicial review stands as a cornerstone of governance, serving as a vital mechanism for upholding the principles of rule of law, protecting individual’s rights and ensuring governmental accountability. Even though there is no explicit provision of judicial review in the Constitution, it is implied in a number of articles. Through its power of judicial review, the SC of India scrutinizes legislative and executive actions ensuring their conformity with constitutional principles and safeguarding the rights and liberties enshrined therein.
Hence, judicial review not only serves as a check on potential governmental overreach but also fosters the evolution of India’s constitutional democracy. The following are some landmark cases in which the Honourable SC has exercised the power of Judicial review ---
1. In Keshavananda Bharati vs. State of Kerala AIR 1973 the SC established the
Basic Structure doctrine. The SC ruled that the Parliament can amend the Constitution
in accordance with Art. 368 without changing the basic structure of the Constitution.
This historic decision outlines basic principles that serve as the cornerstone of the
Indian Constitution.
2. In Raj Narain vs. India Gandhi AIR 1975 the SC rendered a significant decision
that made the proclamation of emergency in India unlawful and The SC upheld the
idea of rule of law stating that nobody – not even the PM is above the law. Further,
the SC observed that in a democratic country, people are the masters and they should
have the right to know regarding the working of the govt.
3. In Maneka Gandhi vs. union of India AIR 1978 the SC established “procedure
established by law” and expanded the scope of Art. 21 of the Constitution. The SC
observed that right to life and personal liberty should be understood in broadly and
liberally and it does not only mean the mere animal existence. Hence, the right to
travel abroad is also included under Art 21 of the Constitution of India.
For this purpose, the Supreme Court and High Court has writ jurisdiction which
includes 5 writs (Habeas corpus, Mandamus, Certiorari, Quo-Warranto and
Prohibition) as provided under Art. 32 and 226 respectively. In democratic
governance, an Independent judiciary is essential to defend the rights of minorities
and to maintain the rule of law which ensures that everyone is equal in the eye of law
irrespective of his rank or condition.
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