Judicial Review In The Indian Subcontinent

Vasantkumar V Takke, Kirit P Mehta School of Law, NMIMS

Introduction

Judicial review is a concept or a doctrine which originated in the American Supreme courts where there were no express provisions in the American constitution. The concept of judicial review originated in one of the landmark judgements of the US Supreme Court in Marbury v. Madison where Chief Justice John Marshall for the first time introduced the doctrine of judicial review which is an important and integral part and was needed to be added in the US Constitution, as it provided checks and balances on the legislature and executive action . Chief Justice John Marshall said, "Certainly all those who have framed the written Constitution contemplate them as forming the fundamental and paramount law of the nations, and consequently, the theory of every such Government must be that an act of the legislature, repugnant to the Constitution is void". Judicial review is the power of the Courts of law where they test the validity of all legislative and government action with reference to the Constitution and if they are violative of any constitutional provision or provisions, they are declared to be unconstitutional and void. It's very interesting fact that Judicial review is not just a doctrine but a protector of the right of people and protector of the Constitution. It is a weapon in the hands of Judges of the Supreme Courts and High Courts where it may be any country within the Sub-continent where Judicial review has played a major role in protecting the Supreme Law of that Constitution. It may not be wrong to say that Judiciary with the help of Judicial review has tried to uphold the law till its last breath.