Judicial Review as an Inviolable Part of Basic Structure of Constitution – A Critical Study
Judiciary is the key organ of modern State. One of the chief functions of the Judiciary is to interpret the Law. In the area of Constitutional Interpretation courts have always playing a law-creative function. When many Nations in the modern era having their written Constitutions. Then there has been a great emphasis on the Judicial Law making through constitutional interpretation to equip the decades old or in some instances centuries old Nations’ Fundamental Law with the rapidly changing-socio-economic, political, scientific and technical-needs of the people. In the process of judicial interpretation the courts have evolved numerous constitutional principles. For instance Judicial Review, Immunity of instrumentalities, separation of powers, judicial independency, territorial nexus, police powers etc., are really the judicial inventions. there are new paradigms in the Constitution of India that the Supreme Court has propounded a few innovative constitutional theories in some of its landmark judicial decisions such as Collegiums system for appointment of Judges to the higher Judiciary[1], basic structure theory[2], the most recent conceptions of Right to Privacy[3], and constitutional morality[4] In this article the writer is intended to focus on the questions that, what the judicial review basically is? What for the judiciary intervenes if already powers are separated? Is the judiciary by exercising power of judicial review trespasses into the legislative and executive domain?