Judicial Review: A Tool For Social Justice In India
- IJLLR Journal
- Mar 10
- 1 min read
Shagun Tyagi, LL.B., Amity University, Lucknow
Astha Srivastava, Assistant Professor, Amity University, Lucknow
ABSTRACT
Judicial review serves as the primary constitutional mechanism with which courts ensure that legislative and executive actions remain subordinate to the supreme law of the land. In the Indian context, this is one of the most important powers of the Indian judiciary which allows courts to examine the laws and declare them invalid if they violate the Constitution of India. Social Justice means creating a society where law is fair to all the people, especially to the poor and marginalized to get equal protection under the law. In India, Judicial Review has played a very big role in protecting the rights and providing social justice to the ordinary citizens.
Through landmark judgements, the Supreme Court and High Courts have used judicial review to bring down unfair laws and protect the rights of people and thus making sure that the governments work within their constitutional limits.
This research paper critically examines the constitutional foundations of judicial review, its development through various cases and its impact on Indian democracy. It also discusses the challenges and criticisms of Judicial Review, like concerns of judicial overreach. This analysis concludes that even after all these criticisms, judicial review remains indispensable in order to ensure constitutional supremacy, ensuring fairness, equality, and “social justice” in Indian democracy.
Keywords: Judicial Review, Social Justice, Fundamental Rights, Judicial Activism, Constitutional Supremacy
