Judicial Review And The Indian Courts

1444 Words Nov 3rd, 2014 6 Pages
Political Science
Essay
Monsoon Semester 2014

Submitted by-
Pradyumna Soni
214048

JUDICIAL REVIEW AND THE INDIAN COURTS

Introduction
Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also try to provide every citizen what has been guaranteed by the constitution. Judicial review has a more technical significance in public law, particularly in countries having a written constitution which are founded on the concept of limited government. Judicial review in this case means that Courts of law have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution.
The doctrine of judicial review has been originated and developed by the American Supreme Court, although there is no express provision in the American Constitution for the judicial review. In Marbury v. Madison , the Supreme Court made it clear that it had the power of judicial review. Chief Justice George Marshall said, “Certainly all those who have framed the written Constitution contemplate them as forming the fundamental and paramount law…

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