Definition and Concept

Judicial Review refers to the power of the judiciary to examine the constitutionality of legislative acts and executive orders of both the central and state governments. If any act or order is found to be in conflict with the Constitution, the judiciary has the authority to declare it null and void. This principle ensures that all laws and actions of the government are in accordance with the Constitution.

Judicial review is a key component of the system of checks and balances, allowing the judiciary to limit the powers of the other branches of government, ensuring they do not exceed their constitutional limits. It is an essential mechanism to protect the rights of individuals and maintain the rule of law.

Origin and Historical Development

The concept of judicial review has its roots in the constitutional development of various countries, notably the United States and the United Kingdom.

1.United States: The doctrine of judicial review was first established in the United States in the landmark case of Marbury v. Madison (1803). Chief Justice John Marshall articulated the principle that it is the duty of the judiciary to interpret the Constitution and ensure that no law or executive act contravenes it. This case set the precedent for the exercise of judicial review by the Supreme Court of the United States.

2.United Kingdom: While the United Kingdom does not have a written constitution like the United States or India, the principle of judicial review has developed through common law. The UK courts have traditionally had the power to review administrative decisions to ensure they comply with the law. Over time, this has evolved into a more robust form of judicial review, especially with the incorporation of the European Convention on Human Rights into UK law through the Human Rights Act 1998.

3.India: In India, the concept of judicial review was incorporated into the Constitution of India, drawing inspiration from both the American and British systems. The framers of the Indian Constitution were keenly aware of the need for a mechanism to ensure that the laws and actions of the government remained within the bounds of the Constitution.