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Judicial Review And The Indian Courts




Sajal Kumar, B.A. LLB. (H), KIIT School of Law, Bhubaneswar

ABSTRACT

Law plays an important role in modern society. In exchange for protection from harm, citizens gave up some of their rights and made a deal with the government. The term "Hobbes' Social Contract Theory" describes this concept. Without justice, the rule of law at this stage risks becoming arbitrary and misapplied. Therefore, we have further embraced Judicial Review as a means of checking the power of various branches of government. Judicial review refers to the procedure whereby the courts strike down laws that they find to be unconstitutional. This clause of the United States Constitution has been included. We finally got around to updating this provision of our constitution, but it took a while. The court system has played an essential role. Legislative acts, constitutional amendments, and enacted laws are all subject to judicial review. This paper will examine the origins, evolution, traits, and varieties of judicial review with specific reference to Indian case laws.

Keywords: Law, Unconstitutional, Indian Constitution, Judicial Review, Principle, Amendments.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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