Open Access Research Article

A STUDY OF JUDICIAL REVIEW SYSTEM IN INDIA: COMPARATIVE ANALYSIS

Author(s):
SHAIK NOOR MOHAMMED ALI JINNAH
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

Judicial review in India is rooted in the supremacy of law and empowers courts to examine the validity of actions taken by the legislature, executive, and judiciary. It serves as a vital mechanism for declaring laws or orders unconstitutional when they conflict with the Constitution. Over time, the Supreme Court has developed key doctrines such as severability, eclipse, and prospective overruling to guide the exercise of this power. Judicial review in India extends to constitutional amendments, legislative measures, and administrative actions, reflecting its broad and dynamic scope.   This paper also undertakes a comparative analysis of judicial review in India, the United States, and the United Kingdom. The concept is often traced to the landmark American case of Marbury v. Madison, although its early roots can be found in Lord Coke’s decision in Dr. Bonham’s Case in 1610 in England. In the United States, judicial review is not explicitly mentioned in the Constitution but is derived from its structure, particularly Articles III and VI, establishing a strong system of constitutional supremacy where courts can invalidate unconstitutional laws.   In contrast, the United Kingdom follows the principle of parliamentary sovereignty due to the absence of a written constitution. Traditionally, courts cannot question primary legislation enacted by Parliament, as it is considered the supreme expression of the people’s will. However, judicial review applies to administrative and executive actions, and, in limited contexts—especially those involving human rights—courts may scrutinize legislation.   India’s model represents a blend of these approaches, combining a written constitution with extensive judicial powers under Articles 13, 32, and 226. It uniquely allows judicial review even of constitutional amendments through the Basic Structure Doctrine. Across all three jurisdictions, judicial review plays a crucial role in maintaining the rule of law, protecting fundamental rights, and preserving the balance of power.   The paper further explores shared principles such as proportionality, judicial restraint, and reasoned decision-making, while also addressing contemporary challenges including judicial overreach, enforcement issues, and the implications of digital governance. Ultimately, it argues that a balanced and principled approach to judicial review is essential to uphold constitutional values while allowing democratic systems to adapt to evolving societal and technological realities.

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Authors: SHAIK NOOR MOHAMMED ALI JINNAHRegistration ID: 1013388 | Published Paper ID: IJLRA13388Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1460- 1476

Article Information

A STUDY OF JUDICIAL REVIEW SYSTEM IN INDIA: COMPARATIVE ANALYSIS

Authors: SHAIK NOOR MOHAMMED ALI JINNAH

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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