Analysing The Principle Of Judicial Review In Relation To Transformative Constitutionalism

Vidushi Joshi, UPES

Introduction

The title of the Research paper is Analysing the Principle of Judicial Review in relation to transformative Constitutionalism. This paper aims to undertake and study the how in a democratic Country like India, The Constitution of India has empowered Judiciary with the power of Judicial Review to declare any law unconstitutional by Benefit of Article 13 of the Indian Constitution. Any Law which violates the fundamental rights of any citizens, or any law which is not consistent with the provisions of the Constitution of India shall be declared unconstitutional.

This research paper aims to study and analyse the relevance of Judicial review which is not specifically mentioned in the Constitution of India but can be derived from Article 13(2) of the Indian Constitution. Through this research paper, we would understand the concept of transformative Constitutionalism as an ideology which describes functioning of government, and that function should be carried out in accordance with the provisions of the Constitution.