Judicial Review: The Power Of Judicial Review In India

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JUDICIAL REVIEW IN INDIA

Meaning
Judicial Review is the power of the judiciary to review the actions taken by the legislature and the executive organ of the government and decide whether or not the actions taken by the legislature and the executive are in conformity with the Constitution. If the enactments done by the legislature and the executive are found unconstitutional then the judiciary has the power to declare those acts illegal, unconstitutional and invalid ( null and void) after which they cannot be enforced by the government.
Origin of Judicial Review
The judicial review is one of the very important contributions of the USA to the political theory. The origin of the judicial review has been result of a judicial decision and the continuance
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Judicial Review can be used in respect of all central and state laws, orders and the ordinances of the executive. It can also be used in the constitutional amendments
3. The limitation of the judicial review is that it cannot be used in the respect of the laws which are included in the 9th Schedule of our Indian Constitution.
4. Judicial Review can only be applied to the question of laws and it cannot be used in respect of any political issues.
5. Judicial Review is not automatic because the Supreme Court cannot use the power of Judicial review by its own. Judicial Review can only be used when any law or rule is specifically challenged before it or during the hearing of a case the validity of any law is challenged.
6. When a law is found unconstitutional and gets rejected it ceases to operate from the date of the judgement. It means that all the activities which are performed on the basis of this act before the judgement, continue to remain valid.
7. In India the judicial review is governed by the principle of ‘ Procedure Established by Law’ in which the court conducts one test in which the court checks that the law has been made in accordance with the powers granted by the Constitution to the law making body and if it is found violative of the procedure established by the law, then the law gets
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