EVOLUTION AND DEVELOPMENT OF THE CONCEPT OF JUDICIAL REVIEW IN INDIA: AN EVALUATION

Main Article Content

SHYAM PRAKASH PANDEY

Abstract

This paper is an attempt to study the evolution and development of concept of judicial review in India. Judicial review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. It originated in English legal system and became a very important principle in the systems of government based on Rule of Law. The Constitution of U.S.A. makes no specific reference to the judicial review of legislation. However, Chief Justice Lord Coke’s decision in Bonham’s laid down the foundation of Judicial Review of legislation in the United States of America, which has now become one of the most outstanding features for the operation of that Constitution. In India, judicial review is not an event of sudden emergence but its gradual evolution depended on the constitutional ideas in different stages of Indian constitutional history. Constitution of India, 1950 explicitly establishes the Doctrine of Judicial Review under various Articles of the Constitution.

Keywords:
Judicial review, legislature, executive, judiciary, constitution

Article Details

How to Cite
PANDEY, S. P. (2020). EVOLUTION AND DEVELOPMENT OF THE CONCEPT OF JUDICIAL REVIEW IN INDIA: AN EVALUATION. Asian Journal of Advances in Research, 4(4), 25-38. Retrieved from https://mbimph.com/index.php/AJOAIR/article/view/1625
Section
Review Aricle

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