A Critical Study Of Judicial Review In India

Kalash Chauhan, Amity Law School, Noida

ABSTRACT

The most important law in the country is the Constitution. It is referred to as the "basic framework" of the state by Hans Kelson. The Indian Constitution, which is the country's ultimate law, also acknowledges the concept of the rule of law. Any law considered to be in contravention of this ultimate law is invalid and unenforceable. Our Constitution permits judicial review of such actions in order to check this conflict and any other arbitrary rules, laws, by-laws, regulations, or other legislative or administrative actions. The Court's capacity to evaluate legislative, executive, and judicial activities is referred to as judicial review. It is a fundamental tenet of constitutionalism and a characteristic of the Constitution.Strong and weak "judicial review" is sometimes equated with strong and weak "basic structure review." Both strong and weak judicial review, as well as its differentiation, are given a privileged platform in comparing constitutional law. Even though they are distinct, it would be more accurate to say that judicial review developed from a weak form before being accelerated to become a new and strong form.

Keywords: India, U.S.A , Judicial Review, Basic Structure