Arindum Roy, Jayaditya Bora & Gaurab Ranjan Mohanty, BBA LLB, KIIT School of Law
ABSTRACT
The ability of the Judiciary to examine and judge the legality of laws or any acts enacted is referred to as Judicial Review. With the help of this power the Judiciary can declare any law as void if it is violating the provisions of the Indian Constitution. Judicial review can be exercised on parliamentary acts, constitutional amendments, and laws passed by the legislature.
There are three branches of government in India: the legislative, the executive & the judicial body (Judiciary). The Judiciary keeps a check on both the branches i.e., the legislature and the executive and ensures that the laws being made and implemented do not violate the Indian Constitution.
Legislature undertakes the function of drafting laws, the Executive enacts and implement the laws, and the Judicial branch keeps a check on both the organs and the laws passed and enacted by the different bodies of the government.
The element of separation of powers in the Indian Constitution ensures that these organs operate within their established boundaries separately. Separation of powers is discussed in the Constitution of India, Article 50.1
Any legislation passed by the Legislature that restricts the people’s freedom and rights and liberty granted under Part III of the Constitution of India (Fundamental Rights) is void, according to Article 13 clause (2) of the Indian Constitution.
The judiciary has the authority to completely explicate the Constitution of India. It is in charge of guarding India's Constitution. Numerous articles, including 13, 32, 131 - 136, 143, 145, 226, 246, 251, and 254 grant the right to judicial review. The Judiciary is considered as the guardian as the Constitution.
