What is the scope of judicial review?

By Ritesh|Updated : September 6th, 2022

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. A legislative or executive order's constitutionality may be contested in the Supreme Court or the High Courts on the following three grounds. They are:

  • Violates Fundamental Rights (Part III)
  • It is beyond the competence of the body that drafted it, and
  • It is against the constitutional provisions.

Scope of Judicial Review

Although the U.S. Constitution does not explicitly contain the phrase "judicial review" in any of its sections, it is evident from those mentioned earlier that the scope of judicial review in India is more limited than that present in the U.S.

It is so since, unlike the Indian Constitution, which only mentions "due process of law," the U.S. Constitution guarantees "due process of law."

  • 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 to preserve the balance of federalism, protect the fundamental rights guaranteed to citizens and provide a valuable weapon for equality, liberty, and freedom.

Summary:

What is the scope of judicial review?

The power of review is very important, the absolute power of review cannot be conferred, and the Courts in India, while respecting judicial review as part of the essential feature of the Constitution, have given an entirely different meaning to the term.

  • Theory of checks and balances.
  • It also means it buried the separation of powers, where the judiciary gives itself unlimited ability to review anything and everything the legislature does.

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