Meaning of Judicial Review

Judicial review is the power of the judiciary to examine the actions of the legislature and the executive and to invalidate any law or action that conflicts with the Constitution. This power, though not explicitly mentioned in a single article, is derived from the constitutional principle of supremacy of the Constitution, notably underscored by Article 13, which mandates that any law inconsistent with the Constitution shall be void. Additionally, Article 32 guarantees the right to constitutional remedies, enabling citizens to approach the Supreme Court directly for the enforcement of their fundamental rights.

In practice, judicial review serves as a critical check on the abuse of power, ensuring that all state actions remain within the limits set by the Constitution. For example, recent judicial interventions in cases concerning environmental regulations and privacy rights illustrate how courts review government policies to protect individual liberties. This dynamic process not only reinforces the accountability of the executive and legislative branches but also instills public confidence in the legal system.

The extensive scope of judicial review makes it a cornerstone of democratic governance, empowering courts to act as guardians of constitutional order and arbiters of conflicts between various branches of government.