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Research Paper Volume 8 Issue 2 5239 - 5254 April 28, 2025

Adoption of Judicial Review as a Measure of Constitutional Remedies

Lead author · Corresponding
Avantika Pathak
Student at Amity University Lucknow, India
Co-author
Dr Rohit Kumar Shukla
Assistant Professor at Amity Law School, Lucknow, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.119543
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.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 5239 - 5254
DOI: https://doij.org/10.10000/IJLMH.119543
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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