What is the Scope of Judicial Review?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

The Scope of Judicial Review can declare that laws and actions of local, State, or national governments are invalid if they conflict with the Constitution. The legitimacy of a legislative or executive order may be questioned before the Supreme Court or the High Courts on the grounds that it violates Part III of Fundamental Rights. It is outside the purview of the body that drafted it or is in conflict with constitutional provisions.

What is Judicial Review?

Despite the fact that the term Judicial Review is not specifically included in the U.S. Constitution in any of its parts, it is clear from those already mentioned that the scope of judicial review in India is less than that found in the U.S.

This is because, unlike the Indian Constitution, which only mentions “due process of law,” the U.S. Constitution guarantees due process of law.

Scope of Judicial Review

  • The Supreme Court of India’s power to enforce these fundamental rights is derived from Article 32 of the Constitution.
  • It gives citizens the right to apply directly to the Supreme Court and High Courts to redress violations of these fundamental rights.
  • The framers of the Constitution very judiciously incorporated the provision of Judicial Review into it. This was done to preserve the balance of federalism, protect the fundamental rights guaranteed to citizens and provide a valuable weapon for equality, liberty, and freedom.


What is the Scope of Judicial Review?

The Scope of Judicial Review can be depending on the circumstances, judicial review may determine that municipal, state, or federal laws and policies are unconstitutional. Although the Courts in India accept judicial review as a fundamental component of the Constitution, they have given the phrase a completely different meaning, despite the fact that the power of review is extremely vital and the absolute power of review cannot be granted.

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