Judicial Review in India and Constitution

  • Rahul Shamota
  • Show Author Details
  • Rahul Shamota

    Assistant Professor at Trinity Institute at Professional Studies, India

  • img Download Full Paper


Judiciary is the supreme guardian of the constitution and is the authority that acts as a watchdog for the actions taken by the legislative and executive branches of the government and continuously monitors that they always work within the constitutional limit as provided by the Constitution of India and if any organ crosses that limit judiciary will bring it back. The legislative from time and then tried to keep the court out of its law-making power and initially until the Golaknath case the legislature enjoy sovereignty over constitutional amendments and cannot be called in the court of the law but in the Golaknath case all constitutional amendments come under the judicial review as in this case the court provided that the amending power of the constitution is not constituent power but normal legislative power under the article 245 of the Indian constitution and such exercise of power is within the preview of Judicial review and this sparked the duel between parliament over dominance to amend the constitution and the power of judicial review but with the implementation of Doctrine of Basic Structure in the case of Kesavananda Bharti vs State of Kerala the issue was finally settled and it is held that there is no limit on parliament power to amend constitution but every amendment has to be in conformity with the basic structure of the Indian Constitution and if not it will be held unconstitutional. The development of judicial review is gradual in India where in earlier stages the judiciary itself refrained from judicial review of amendment of the constitution but today all actions even the actions of the president of India can be reviewed in a court of law if violating the principle of natural justice and reasonability.




International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 1082 - 1088

DOI: https://doij.org/10.10000/IJLMH.113902

Creative Commons

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.


Copyright © IJLMH 2021