Abstract

This study critically explores how judicial review has evolved into a foundational element of India’s constitutional system. It assesses the framework through which the judiciary ensures the supremacy of the Constitution and the protection of fundamental rights, even in the absence of explicit textual authorization for judicial review. Drawing from constitutional provisions such as Articles 13, 32, 226, and 142, the analysis connects the historical and comparative roots of judicial review to its modern applications. The research outlines how various judicial precedents have contributed to establishing the judiciary’s authority, particularly in evaluating legislative and executive actions against the principles of constitutionalism. The discussion includes critical rulings and doctrines, such as the basic structure theory, and examines the role of the courts in contentious political reforms, including the NJAC and the abrogation of Article 370. Overall, the paper underscores judicial review as a dynamic and adaptive mechanism essential to India's democratic and federal framework.

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