DIMENSIONS OF JUDICIAL REVIEW IN INDIA: AN EVALUATION

Main Article Content

SHYAM PRAKASH PANDEY

Abstract

This paper is an attempt to study the various dimensions of judicial review in India. Judicial review is a process under which executive and legislative actions are subject to review by the judiciary. It 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. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority; an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers; the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.

Keywords:
Judicial review, administrative discretion, legislative action, judicial decisions

Article Details

How to Cite
PANDEY, S. P. (2020). DIMENSIONS OF JUDICIAL REVIEW IN INDIA: AN EVALUATION. Asian Journal of Advances in Research, 5(1), 25-32. Retrieved from https://mbimph.com/index.php/AJOAIR/article/view/1643
Section
Opinion Article

References

L. Chandra Kumar v. Union of India AIR 1997 SC 1125.

State of Madras v. Row AIR 1952 SC 196.

A. K. Gopalan v. state of Madras AIR 1950 SC 27.

S. S. Bola v. B. D. Sharma AIR 1997 SC 3127, 3170.

Subhash Sharma v. Union of India AIR 91 SC 631.

Sampath Kumar v. Union of India AIR 1987 SC 386.

Minerva Mills Case AIR 1980 SC 1789.

L. Chandra Kumar v. Union of India AIR 1997 SC 1125.

S. R. Bommai v. Union of India AIR 1994 SC 1918.

Kehar Singh v. Union of India AIR 1989 SC 653.

Satwant Singh v. Assistant Passport Officer, New Delhi AIR 1967 SC 1836.

Marbury v. Madison 435 US (Cranch) 137 (1803).

State of U.P. v. Nand Kishore Shukla 19963 SCC 750.

State of M.P. v. M. V. Vyayasaya Co. Ltd. 19946 SCC 651.

Council of Civil Services Union v. Minister of Civil Services 1985 ACC 374 (408,409).

Rupa Ashok Hurra v. Ashok Hurra AIR 2002 SC 1771.

Maneka Gandhi v. Union of India AIR 1978 SC 597.

Minerva Mills Ltd. v. Union of India AIR 1980 SC 1789.

I. R. Coelho (Dead) by LRs v. State of Tamil Nadu and others AIR 2007 SC 861.

Keshavananda Bharati v. State of Kerala AIR 1973 SC 1461.