Role

In this study, the importance of the judicial review in the Indian constitution has been reflected. Moreover, these judicial reviews help in dealing with the federal, administrative, and judicial bodies in the Indian constitution.

Indian governance and polity practically deal with the system, administration, and jurisdiction in the country. Along with these, this is Indian Government in the form of democracy, where the executive is responsible to report to the parliament. In the Indian constitution, there are two types of houses “Lok Sabha” and “Rajaya Sabha”; moreover, there is a federal, in the federal committee all different types of Governments come under these federal. However, there are “separate executive and legislature” in the states and center. In addition, in Indian polity, there is self-governance at the local Government level. 

Polity

Indian polity is the form of democracy that deals with the administration and jurisdiction in the country. Moreover, in Indian polity, various articles deal with different legislation and rules in the country. 

Judicial Review in India

Judicial review in India is practically referred to as “Power of the judiciary,” and this judiciary works on determining and reviewing the laws and regulations. Along with these, in the Indian constitution, there are the different principle that works in separating the power among three arms of states, and these are “the judiciary, the legislative, and the executive” these are the main power that works in the judicial in India. Along with these, among these three arms, the judiciary has the power to “vest” the rules and take action against the other two arms. Moreover, in the “Indian constitution under Article 13” compulsion of judicial review are described under the fundamental rights in part III. In addition, these judicial reviews are made for protecting the fundamental rights of the public in the states and center. 

Types of Judicial Review

In the Indian constitution judicial review refers to the court proceeding, under this, the court reviewed the laws and take action against this decision that makes by a public body. Along with these, in the judicial review, there are three types of judicial review in the Indian constitution 

Judicial Review of legislative action

Judicial action practically refers to the power of reviewing as well as ensuring the laws that are passed through the consistent are in “compliance with the provision of the constitution” in India. Moreover, for securitizing, the legislation of the country and action was taken by the administration of India. Furthermore, the Indian constitution has provided the power of influence to the Supreme Court and the higher court of India. Along with these, judicial review in India is implemented for protecting the fundamental rights of the public as well as the main aims of these judicial regulations in India. In the judicial review “Article 246 and schedule, 7” are works as constructing the regulation among the center and states other regulations support establishing judicial review in India. 

Judicial Review of Administrative action 

In the judicial review, this is practically a tool for “Enforcing Constitutional Discipline” and these actions are taken over the existing agencies as well as exercising their power in the states and center. Along with this, these judicial reviews come under the court power that works on reviewing the actions of the other governance and states; however, the court has the power to “Deem invalid action” that is implemented by the legislative and executive of another state’s executive. Along with these, these judicial reviews are practically involved in the three dimensions of the Indian constitution these dimensions are for protecting the legal rights as well as essential rights that come under “Part III” of the Indian constitution. Moreover, the other dimension is “interrogating the public interest” and the last dimension of these judicial reviews is “authorizing the disinterest of the organizational interest” in the Indian constitution. 

Judicial review of Judicial Decision

In the judicial review, this judicial regulation in the Indian constitution is used to review and change the previous judicial laws and acts that are made by the judiciary itself. Along with these, the administrative arms that are part of the judicial review and the Government determined as well as examine the previous regulations are compliances with the constitutions with Indian legislation. Along with these, in the Indian constitution, some laws support the judicial review in India, these are “Article 372 (1)” this articles established the “Pre-Constitutional Legislation” and “Article 32 and 226” help in establishing the “guarantee and protector” to protects the fundamental rights of the public in the high court and Supreme Court. Moreover, “Article 245” describes the power of both parliaments and the state legislature that are compliances with the constitution of India.

Conclusion

The study concludes the judicial reviews of the Indian constitution; moreover, these Indian constitutions are made for protecting the fundamental rights of the public in India. Along with these, with the help of these judicial reviews interrogating the public interest and analyzing the organizational interest. However, there are three types of judicial review and these judicial reviews helps in taking the action, decision, and actions in the judiciary review. Along with these, other regulations support establishing judicial review in India. 

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Frequently asked questions

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What is judicial review in India?

Ans : Judicial review is a process through which the court takes jurisdiction action and precedes t...Read full

Who holds the power of judicial review in India?

Ans : High courts and Supreme courts hold the power to be vested the judicial review in India. ...Read full

What is the procedure of bringing judicial review claims?

Ans : Judicial review is a medium for the high court and Supreme Court the first step in this involves the “level stage” in th...Read full

Under what article is judicial review?

Ans : The judicial review in the Indian constitution comes under “Article 372 (1), and Article 13” declared the laws that desc...Read full