What is Judicial Review?
Historical Background
Key Points
7 points- 1.
Constitutional Basis: Article 13 (laws inconsistent with Fundamental Rights are void), Article 32 (right to move SC for Fundamental Rights enforcement), Article 226 (High Courts' writ jurisdiction), Article 246 (distribution of legislative powers), and Article 254 (inconsistency between central and state laws).
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Scope: Extends to both legislative acts (laws passed by Parliament/State Legislatures) and executive acts (orders, ordinances, rules, regulations). It also covers Constitutional Amendments.
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Grounds for Review: A law or order can be declared unconstitutional if it: violates Fundamental Rights, exceeds the legislative competence of the enacting body, is repugnant to constitutional provisions, or is arbitrary/unreasonable.
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Basic Structure Doctrine: The power of judicial review itself is part of the Basic Structure of the Constitution, meaning it cannot be abrogated or diluted by a constitutional amendment.
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Types: Includes judicial review of legislative actions, administrative actions, and constitutional amendments.
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Purpose: To uphold the supremacy of the Constitution, protect Fundamental Rights, maintain federal balance, and ensure governmental accountability.
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Limitations: Judiciary generally does not review policy matters unless they are arbitrary or unconstitutional. It also respects the 'political question' doctrine in some contexts.
Recent Developments
3 developmentsContinued application in cases challenging new laws (e.g., Farm Laws, CAA) or government policies.
Debates on judicial overreach versus judicial restraint, especially concerning policy decisions.
Role in protecting individual liberties and ensuring governmental accountability in a democratic setup.
This Concept in News
10 topicsSupreme Court directs states to develop protocol for correctional institutions
27 Feb 2026This news highlights the aspect of judicial review that ensures the protection of fundamental rights, even for marginalized groups like prisoners. The court's intervention demonstrates how judicial review can be used to hold the executive accountable for upholding constitutional values in all aspects of governance. This news applies judicial review in practice by compelling states to take concrete steps to improve the conditions and treatment of prisoners. It reveals that judicial review is not just about striking down laws, but also about proactively shaping policy to align with constitutional principles. The implications of this news are that the judiciary plays a vital role in ensuring that the state fulfills its constitutional obligations towards all citizens, regardless of their circumstances. Understanding judicial review is crucial for analyzing this news because it provides the framework for understanding the court's authority, the scope of its intervention, and the potential impact on the lives of prisoners.
Sabarimala Review: Balancing Religious Freedom, Dignity, and Constitutional Values
26 Feb 2026The Sabarimala case and the related review petitions vividly demonstrate the complexities and challenges inherent in judicial review. (1) This news highlights the judiciary's role as the final arbiter of constitutional disputes and its responsibility to balance competing fundamental rights. (2) The case applies judicial review in practice by scrutinizing a religious practice against constitutional principles of equality and non-discrimination. (3) The news reveals the evolving nature of constitutional interpretation and the judiciary's willingness to revisit its own judgments in light of new arguments and societal changes. (4) The implications of this news for the concept's future are significant, as the outcome of the review petitions could set precedents for other cases involving religious practices and individual rights. (5) Understanding judicial review is crucial for properly analyzing and answering questions about this news because it provides the framework for understanding the legal and constitutional issues at stake, the powers and limitations of the judiciary, and the broader implications for governance and society.
SC Clarifies Class 10 Admit Cards as Valid Bengal SIR Document
26 Feb 2026The news highlights the Supreme Court's role in ensuring fair electoral processes, a critical aspect of judicial review. The court's intervention in the West Bengal SIR exercise demonstrates how judicial review extends beyond simply striking down laws to include overseeing administrative actions that could potentially violate citizens' rights. This news applies the concept of judicial review in practice by showing how the court acts as a check on the executive branch to prevent arbitrary or discriminatory practices in voter registration. The news reveals the judiciary's proactive role in safeguarding the integrity of the electoral process, even when it involves seemingly minor administrative details. The implications of this news are that the judiciary is willing to scrutinize any action, regardless of its scale, that could undermine fundamental rights or democratic principles. Understanding judicial review is crucial for analyzing this news because it provides the framework for understanding why the court intervened and what its role is in ensuring free and fair elections.
Religious Freedom Jurisprudence: Balancing Faith, Rights, and Dignity in India
26 Feb 2026The Sabarimala case review exemplifies judicial review by showcasing the judiciary's role in interpreting constitutional rights in the context of religious practices. It demonstrates how the court applies constitutional principles like equality and non-discrimination to challenge traditional customs. This case challenges the traditional understanding of religious freedom as absolute and highlights the judiciary's power to intervene when religious practices infringe upon fundamental rights. The implications of this review are significant, as it could set a precedent for future cases involving conflicts between religious freedom and other constitutional rights. Understanding judicial review is crucial for analyzing this news because it provides the framework for understanding the court's authority, the legal principles involved, and the potential impact of the decision on religious freedom and gender equality in India. The shift from the 'essential religious practices' test to the 'anti-exclusion test' further highlights the evolving nature of judicial review and its focus on ensuring dignity and equal access for all citizens.
Supreme Court Retreats on Cow Vigilantism Directives, Raising Concerns
25 Feb 2026This news highlights the practical challenges of judicial review. (1) It demonstrates that even when the Supreme Court issues clear directives, their implementation depends on the willingness of the executive and state governments. (2) The Court's retreat suggests that it may be hesitant to issue broad, general directions that are difficult to enforce, preferring instead to address specific instances of wrongdoing. (3) This news reveals that judicial review is not a panacea for all social and political problems; it is a tool that must be used judiciously and in conjunction with other mechanisms. (4) The implications of this news are that the judiciary may need to adopt a more nuanced approach to judicial review, focusing on targeted interventions and ensuring effective implementation of its orders. (5) Understanding judicial review is crucial for analyzing this news because it allows you to assess the Court's role in protecting fundamental rights and upholding the rule of law, as well as the limitations of its power in the face of political and social realities.
Supreme Court Denies Legal Right to Rehabilitate Haldwani Residents
25 Feb 2026This news highlights the practical application of judicial review in resolving complex disputes involving competing interests. It demonstrates how the judiciary acts as a neutral arbiter, weighing the legal rights of different parties and ensuring that government actions are fair and just. The Haldwani case also illustrates the limitations of judicial review. While the court can direct the government to consider rehabilitation options, it cannot force the government to provide specific housing under the PMAY if there is no legal basis for such a claim. This underscores the importance of balancing judicial intervention with respect for the powers of the other branches of government. The news reveals the ongoing tension between development and displacement, and the role of the judiciary in mitigating the adverse impacts of development projects on vulnerable communities. Understanding judicial review is crucial for analyzing this news because it helps us appreciate the legal and constitutional framework within which such disputes are resolved, and the role of the judiciary in upholding the rule of law and protecting fundamental rights.
Allahabad University student expulsion deemed disproportionate by High Court
25 Feb 2026This news demonstrates the application of Judicial Review at the level of a High Court, reviewing the actions of a university, which is an administrative body. It highlights the aspect of proportionality in punishment – a key element in ensuring fairness and preventing arbitrary actions by authorities. The court's intervention suggests that the university's decision might have been excessive, potentially infringing upon the student's right to express dissent. This case applies the concept of Judicial Review to a specific instance of alleged overreach by an educational institution. It reveals the importance of Judicial Review in safeguarding fundamental rights even within the context of institutional regulations. The implication is that educational institutions, like all other bodies exercising authority, are subject to constitutional scrutiny. Understanding Judicial Review is crucial for analyzing this news because it provides the framework for understanding the court's role in checking the power of administrative bodies and protecting individual rights. Without this understanding, the news might be misinterpreted as simply a case of student discipline, rather than a matter of constitutional rights and the limits of institutional authority.
Directions in hate crime ruling may be unmanageable: CJI
24 Feb 2026The news underscores the tension between the judiciary's role in protecting citizens' rights and the practical challenges of implementing broad directives. The *Tehseen Poonawalla* judgment was an example of judicial activism, attempting to address a growing problem of mob violence. However, the CJI's recent comments suggest that such broad directions may be difficult to enforce and may not be the most effective way to address the issue. This news highlights the ongoing debate about the appropriate scope of judicial review and the balance between judicial intervention and executive responsibility. It also raises questions about the effectiveness of judicial remedies in addressing complex social problems. Understanding judicial review is crucial for analyzing this news because it provides the context for understanding the court's initial intervention, the challenges in implementing its directives, and the broader debate about the role of the judiciary in Indian society. The news reveals that while judicial review is a powerful tool for protecting rights, it is not a panacea and must be exercised judiciously, considering the practical realities and the limitations of judicial power.
Kerala High Court Halts Government's Nava Keralam Program: Explained
20 Feb 2026This news highlights the practical application of judicial review in upholding the principles of free and fair elections. The Kerala High Court's intervention demonstrates how judicial review acts as a check on executive power, preventing the government from using welfare programs to unduly influence voters. This case applies the concept of judicial review by scrutinizing the government's actions against the backdrop of the election code of conduct and constitutional principles of equality and fairness. The news reveals that even well-intentioned programs can be subject to judicial scrutiny if they are perceived to violate fundamental principles. The implication is that governments must be mindful of the potential for judicial review when implementing policies, especially during election periods. Understanding judicial review is crucial for analyzing this news because it provides the framework for understanding the court's authority and the rationale behind its decision. Without this understanding, it would be difficult to grasp the significance of the court's intervention and its impact on the political process.
Arunachal Power Project Receives 11-Year Extension Due to Litigation Delays
20 Feb 2026The news about the Arunachal Pradesh power project's extension due to litigation delays directly demonstrates the practical implications of judicial review. (1) It highlights the aspect of judicial review where courts assess the legality and validity of government decisions, including environmental clearances. (2) The news event applies the concept of judicial review by showing how legal challenges can lead to project delays, prompting a need for extensions. (3) This reveals the potential for judicial processes to significantly impact infrastructure development timelines. (4) The implications of this news for the concept's future include a greater emphasis on efficient dispute resolution mechanisms and potentially, reforms to streamline the judicial review process for infrastructure projects. (5) Understanding judicial review is crucial for analyzing this news because it explains why the project faced delays and why an extension was necessary. It also helps in understanding the balance between environmental concerns, legal processes, and development goals.
