In India, Judicial Review is exercised by both High Courts and Supreme Court.
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The Constitution of India is the supreme law of the land and the Supreme Court is its interpreter and guardian.
- It does not allow the executive or the Parliament to violate any provision of the Constitution.
- It can also review any action of the Government, which allegedly violates any provision of the Fundamental Rights.
- Judicial review in India is based on the ‘procedure established by the law ‘in Article 21. Under this the courts can review a Parliamentary law only if it was not enacted following the right procedure.
- This power of the Supreme Court is called Judicial Review
- It is a process through which judiciary examines whether a law enacted by a legislature or an action of the executive is in accordance with the Constitution or not.
- The power of the judicial review was first acquired by the Supreme Court of the United States.
- Now it is freely exercised by the Supreme Court of India and in many other countries. Our High Courts also exercise this power.
- Judicial Review does not mean that every law passed by the legislature is taken up by the Supreme Court for review.
- It only means that the Court will review the law as and when it gets an opportunity. This is possible in two ways.
- First, the Court can review the law if its validity is challenged.
- The Supreme Court or High Court may get an opportunity to review a law in another situation also.
- If a person or institution feels that his/her rights are violated, or a certain benefit due to him under a law is being denied, the Court while examining such a petition may come to the conclusion that the law, under which relief is sought, is itself unconstitutional. Therefore, relief may not be granted.