Imperatives Of Judicial Review In India

Khadija Khan, Jamia Hamdard

ABSTRACT

Judicial review is a cornerstone of India's constitutional system and is an important mechanism for maintaining the rule of law and protecting fundamental rights. It is a significant part of India’s constitutional democracy. This paper explores the imperative of judicial review in India and discusses its importance, scope and impact on governance and the constitution. This paper examines the needfor judicial review in the Indian democratic system and its role in safeguarding the Constitution andprotecting the rights of citizens from arbitrary and capricious authorities. Suppose we see today’s scenario of apex courts in that case, they are just delaying crucial matters of the country which are against our constitutional morality, ethics and principles by not using their eminent power to review the unconstitutional laws brought up by the legislature and executive. The courts had in the past done enough worst interpretation by not performing judicial review when there is a need for judicial review by courts. To assess the impact and challenges of judicial review in India, we must examinethe judiciary’s role and the current socio-political environment in keeping judicial review at the coreof the Constitution. The objective of this study is to question the importance of judicial review inthe Indian context, providing a comprehensive understanding of the mechanisms by which judicialreview contributes to the balance of power and the rule of law.

Keywords: Judicial Review, principles, interpretation, governance, justice.