Judicial review in the context of Indian law refers to the power of the judiciary to review and potentially invalidate actions, decisions, or laws made by the legislative or executive branches of the government. The fundamental idea behind judicial review is to ensure that governmental actions comply with the provisions of the Constitution and do not exceed the constitutional limits imposed on each branch of the government. The power of judicial review is a key element of the system of checks and balances in a constitutional democracy. Key points related to judicial review in the context of Indian law include: Constitutional Basis: The power of judicial review in India is primarily based on the provisions of the Constitution of India. The Constitution is the supreme law of the land, and any law or action inconsistent with its provisions can be declared void by the judiciary. Supreme Court and High Courts: The Supreme Court of India and the High Courts have the authority to exercise judicial review. The Supreme Court is the ultimate authority on constitutional matters, and it can review decisions of both the central and state governments. High Courts have jurisdiction over matters within their respective states. Writ Jurisdiction: The power of judicial review is often exercised through writ jurisdiction. The Supreme Court and High Courts can issue writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to protect fundamental rights and enforce constitutional provisions. Review of Legislation: Courts can review the constitutionality of legislation. If a law is found to be inconsistent with the provisions of the Constitution, it can be declared void, either in whole or in part. Review of Executive Actions: Judicial review extends to actions taken by the executive branch, including administrative decisions, orders, and policies. Courts can examine whether these actions are within the scope of the executive's powers and comply with constitutional principles. Fundamental Rights Protection: A significant aspect of judicial review in India is the protection of fundamental rights. Courts can intervene to safeguard the fundamental rights of individuals if they are violated by state actions. Public Interest Litigation (PIL): Public Interest Litigation (PIL) is a mechanism through which the judiciary can take suo motu cognizance of matters affecting public interest and enforce constitutional rights. It allows the judiciary to address issues even without a specific legal claim by an affected party. Arbitrariness and Unreasonableness: Courts can strike down governmental actions that are arbitrary, unreasonable, or violate the principles of natural justice. Judicial review is a crucial component of the Indian legal system, and it serves as a mechanism to ensure that governmental powers are exercised within the framework of the Constitution. It contributes to the protection of individual rights, the rule of law, and the overall health of India's constitutional democracy.
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