Judicial Review: Definition, Types, Importance, Limitations & Cases | UPSC

Judicial review is a process through which the courts review the laws and governmental actions to ascertain whether they adhere to the Constitution. If something is inconsistent with the Constitution, the courts can cancel or modify it. This safeguards the rights of the citizenry, makes the government fair and upholds the rule of law in the country.

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Judicial review is important for UPSC as it protects citizens' rights, upholds constitutional supremacy, checks misuse of power, and maintains the balance of power. It is studied under Polity in GS Paper 2, covering the Constitution, the judicial system, and governance. Key topics: Articles 13, 32, 226; landmark cases and judicial checks on the legislature and the executive. It is also relevant for the Political Science optional.

This article on the Judicial Review UPSC discusses the meaning, scope, types and functioning of Judicial Review in India. Study this topic thoroughly because questions can be asked in the UPSC Prelims and Mains Exams.

What is Judicial Review?

Judicial review is defined as the power of the Judiciary to examine the constitutionality of legislative actions and executive orders made by the central and state governments. Article 13 of the Indian Constitution confers the power of judicial review, which is also described in fundamental rights in Part III as an essential right conferred. Suppose the Union of India or the State makes rules that contravene the vital rights of the people. In that case, the High Courts and the Supreme Court of India can declare them unconstitutional.

The Indian Constitution confers the power of Judicial review to the Supreme Court and High Court based upon the Doctrine that originated in the USA. The Supreme Court has declared Judicial review as the basic feature of the Indian Constitution. There are different categories of Judicial review, including Judicial review of constitutional amendments, Judicial review of legislation and Judicial review of Administrative actions.

Also read: List of Languages in the 8th Schedule here.

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Key Points On Judicial Review

Judicial Review:

• It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
• In other words, judicial reviews are a challenge to how a decision has been made, rather than the rights and wrongs of the conclusion reached.

Concepts of Law:

• Procedure Established by Law: It means that a law enacted by the legislature or the concerned body is valid only if the correct procedure has been followed to the letter.
• Due Process of Law: It is a doctrine that not only checks if there is a law to deprive a person of life and personal liberty, but also ensures that the law is made fair and just.
• India follows the Procedure Established by Law.
• It is the power exerted by the courts of a country to examine the actions of the legislature, executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation's Constitution.
• Judicial review has two essential functions: legitimizing government action and protecting the constitution against any undue encroachment by the gov­ernment.
   
• Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975).
• Judicial review is also called the interpretational and observer roles of the Indian judiciary.
• Suo Moto cases and the Public Interest Litigation (PIL), with the discontinuation of the principle of Locus Standi, have allowed the judiciary to intervene in many public issues, even when there is no complaint from the aggrieved party.

Constitutional Provisions for Judicial Review in India

The constitution never gives the courts the power to strike down laws expressly; it has created defined limits, demarcating all the organs of government. Any temptation of these limits makes a law null. The judiciary should evaluate these constitutional limits to determine whether they were violated.

Various constitutional provisions support the process of judicial review -

• Article 372(1) provides for the judicial review of legislation enacted before the Constitution.
• Article 13 stipulates that any law inconsistent with the Fundamental Rights outlined in the Constitution's Part III shall be deemed void.
• Articles 32 and 226 bestow upon the Supreme Court and High Courts, respectively, the role of safeguarding Fundamental Rights.
• Articles 251 and 254 specify that if there is a conflict between Union and State laws, the State law shall be rendered void.
• Article 246(3) grants exclusive authority to state legislatures over matters enumerated in the State List.
• Article 245 establishes that the powers of Parliament and State legislatures are subject to the provisions of the Constitution.
• Articles 131-136 empower the judiciary to adjudicate disputes among individuals, between individuals and the state, and between states and the Union. The Supreme Court's interpretation of the Constitution holds sway over all courts in the country.
• Article 137 confers the Supreme Court the special power to review any judgment or order passed by it. In criminal cases, a judgment can be reviewed and reversed only if glaring errors are evident on the record.

Check the Other Notes of Polity for UPSC Competitive Exams here.

Judicial Review of the 9th Schedule

Article 31B and the Ninth Schedule were added to the Constitution by the First Constitutional Amendment Act of 1951. Article 31B protects regulations in the 9th schedule from being challenged and deemed invalid on the grounds of contradiction with fundamental rights. These acts, included in the 9th schedule of the Indian Constitution, mainly deal with Land Reforms and the abolition of the zamindari system.

Judicial review was made as the basic feature of the Indian Constitution in the hearing by the Supreme Court under the Coelho case of 2007. This allowed laws under the 9th schedule to be challenged if they violate fundamental rights or the basic structure of the Constitution. A law already deemed valid by the Supreme Court cannot be declared invalid again.

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Types of Judicial Review in India

Judicial review in India can be divided into three principal types: review of legislative actions, review of administrative actions and review of judicial decisions. These categories empower the judiciary to examine the conduct of the legislature, executive and even the judiciary itself and ensure that every action upholds constitutional principles.

Review of Legislative Actions

The power of judicial review refers to the fact that the judiciary, to determine the correctness of a law that the legislature has passed, always ensures that any law passed does not violate the Indian Constitution. This includes challenging laws by questioning their position with the laws of the land when it comes to violating provisions of the Constitution, which guarantee Fundamental Rights. The court can declare a law void, which is characterized as unconstitutional. The Supreme Court, for instance, in Golaknath vs State of Punjab (1967) had declared that the Parliament had no power to repeal or amend the Constitution to erode or eliminate the Fundamental Rights. This reaffirmed the law of judicial review over the constitutional amendment.

Review of Administrative Actions

Administrative actions subsume the government decisions and actions taken by the government or government agencies. The judiciary's impact under the concept of judicial review is that the court can assess the legality of these actions by ensuring that they are within the matters of its authority as delegated to the judiciary. Should an administrative action be arbitrary, discriminatory or unfair, the court can question the ruling to uphold the citizens' rights.

Review of Judicial Decisions

The power to review decisions made by the courts is also a judicial review in India. The judicial system has remained empowered to re-investigate its decisions, particularly when it feels the need to rectify legal mistakes or when there is a need to reinterpret past laws according to changing conditions. This makes the legal system capable and flexible in dealing with emerging issues.

Scope of Judicial Review

The validity of any legislation, action, or executive order under the Constitution can be challenged in the Supreme Court or a High Court on numerous grounds. One of the grounds is that it violates Fundamental Rights as enshrined in Part III of the Indian Constitution. The other grounds are that the authority that made the law or order did so even though it was not within its legal competence. Moreover, when the act or the law passed is out of harmony or violative of constitutional provisions, it will also be invalidated through the doctrines of judicial review. Judicial review in India, therefore, offers the citizens a great deal of protection whereby, in case they are being acted upon by unconstitutional or too high individual power, they have legal grounds on which to base their challenge.

Importance of Judicial Review

The importance of the judicial review comes from its contribution to the rule of law. It ensures that all the measures implemented by the government comply with the constitutional values and limits the authority to act arbitrarily in the face of protecting personal rights. Further, judicial review becomes a crucial check to separate the powers and restrict any of the arms of the government from acting beyond its capacity. Through this process, the courts can strike down any laws and actions that undermine the constitutional provision; thus, judicial review becomes the most fundamental tool in protecting democracy.

Limitations of Judicial Review

The scope of judicial review is limited both in terms of availability and function: the role of the court is to conduct a review of the process by which the decision was reached to assess whether that decision was flawed and should be revoked, rather than to remake the decision being challenged or to inquire into the merits of that decision.

• Judicial review has sparked a debate about where the line between judicial activism and judicial self-restraint should be drawn.
• The Court lacks the competence necessary to overturn the administrative decision. If a review of an administrative judgment is allowed, it will be substituting its own decision, which may be flawed due to a lack of knowledge.
• Because the invitation to tender is a contract, the provisions of the invitation to tender cannot be subjected to judicial review.
• In most cases, the decision to accept the proposal or award the contract is made through a multi-tiered negotiating process.

Benefits of Judicial Review

In India, judicial review is essential due to its numerous advantages in the legality and politics of the country. Using the doctrine of judicial review, the courts contribute to the maintenance of values in the constitution and defend democratic administration in plenty of ways:

• Upholds Constitutional Supremacy – One of the primary benefits of judicial review in India is that it reinforces the idea that the Indian Constitution is the highest law of the land. By applying the power of judicial review, courts ensure that all laws and actions by the government align with the principles and values embedded in the Constitution.
• Checks and Balances – Through the concept of judicial review, the judiciary acts as an effective check on the legislative and executive branches. This function preserves the separation of powers and prevents any one organ of the state from overstepping its authority or threatening democratic governance.
• Checks Misuse of Powers – The doctrine of judicial review helps control misuse of power by the legislature or the executive, reducing the risk of arbitrary or tyrannical rule.
• Protects Citizens' Rights – A major significance of judicial review is that it safeguards individuals, defending their rights and liberties guaranteed under the Constitution of India.
• Maintains Federal Balance – Judicial review is also instrumental in resolving conflicts over the distribution of powers between the Union and the States, thereby keeping the federal structure envisioned by the Constitution.
• Independence of Judiciary – By limiting the executive and legislature from encroaching upon judicial functions, judicial review strengthens the independence of the judiciary, a cornerstone of India's constitutional democracy.
• Protection of Minority Rights – The notion of judicial review plays a vital role in protecting minorities and marginalized groups from discriminatory or oppressive legislation that could result from the tyranny of the majority.
• Accountability and Transparency – The power of judicial review enhances transparency and accountability in governance by ensuring that government decisions remain open to legal scrutiny and public examination.

Cases of Judicial Review in India

Key judicial review cases in India include Kesavananda Bharati v. State of Kerala (1973), which established the Basic Structure Doctrine, and Minerva Mills Ltd. v. Union of India (1980), which reinforced the limits on Parliament's power to amend the Constitution.

• Keshavananda Bharati v. State of Kerala (1973): This case established the fundamental structure doctrine. It limits the amending power of the Parliament and ensures the protection of essential features of the Constitution.
• Maneka Gandhi vs Union of India (1978): The Supreme Court held that the right to personal liberty under Article 21 includes the right to travel abroad. It also expanded the scope of Article 21 to include the principles of natural justice.
• Minerva Mills Ltd vs Union of India (1980): The Court struck down specific provisions of the 42nd Constitutional Amendment Act. It emphasizes the importance of judicial review in preserving the constitutional balance and preventing excessive legislative encroachment.
• Vishal Tiwari vs Union of India (2025): The Supreme Court ruled that the Constitution is supreme and judicial review is a constitutionally conferred duty under Articles 32 and 226.

Conclusion

The judiciary must conduct judicial review to defend the Constitution and the rights of the citizens. It ensures that laws and governmental acts are impartial and based on the constitutional rules. Judicial review prevents injustice, democracy, and government balance between branches by avoiding abuse of power, which is why it is an essential component of the Indian legal process.