A Critical Study Of The Judicial Review Process In India
- IJLLR Journal
- Jun 30, 2022
- 1 min read
Subekcha Prasad, Assistant Professor of Law, Indian Institute of Legal Studies Cooch Behar, Coochbehar, West Bengal
ABSTRACT
In India, there are three organs of the government namely legislature, executive and judiciary. the legislature makes the law, the executive executes or implements the laws, and the judiciary interprets the laws.
The laws play a very important role in each individuals life, it helps in providing rights and justice in violation of any such rights as well. While making and executing laws there can be arbitrariness of each organ and it can misuse its power. So, in order to check and balance on the power of each organ of the government we have adopted the concept of judicial review. Judicial review is the power bestowed upon the judiciary by the constitution itself, by virtue of which the judiciary can examine the legislative enactments and executive order of the state and the central government and this right is possessed by both the supreme court and high court of the country, this courts has the power to set aside any law passed by the government if it is unconstitutional and it can be made null and void as well.
Like any other provision of the constitution, this doctrine has its origin to the United States of America.
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