Judicial Review: A Critical Overview

Sreelakshmi K S, LL.M., Government Law College, Thrissur

Kavya K M, Advocate, B. Com, LL.B., LL.M.

ABSTRACT

It is well said by Lord Acton that “Power corrupts and absolute power tends to corrupt absolutely.” Conferment of power in a single body leads to absolutism. Thus, it is important that power shouldn't get concentrated in one hand, a system of checks and balances must be maintained for a smooth functioning. This is the basic idea behind separation of powers.

Legislature, Executive and Judiciary are the functionaries created under the foundation of the Constitution to prevent the concentration of power in single authority. Even though through various historic judgements like Kesavananda Bharati case separation of powers is regarded as the basic structure of Indian Constitution, it is not strictly applied in India. At many instances we can see overlapping of functions and we have also analysed scenarios in which the Constitution itself provides for the transgression of powers and functions. One such instance is the power of judicial review bestowed on the higher judiciary. It is the power of the judiciary to review the actions of the other two branches to ensure that they are in consonance with the Constitution.

The authors through this article intends to discuss about judicial review from a critical perspective. The article shall discuss in detail about judicial review, its historical perspective, importance, limitations and also some of the recent cases. The article shall be concluded with a critical analysis on the shortcomings in the process of judicial review.

Keywords: Separation of power, Judicial Review, Supremacy of the Constitution, Limitations, Critical analysis.