Political and Executive Dominance on Judicial Review: The Current Conflicts in India

  • Shrishti Dutta and Devika Kishore
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  • Shrishti Dutta

    LLM student at Symbiosis Law School, Pune, India.

  • Devika Kishore

    LLM student at Symbiosis law school, Pune, India.

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Judicial review is a vital provision of our Constitution that acts as a watch guard of our democratic society. The judicial review helps the state to serve the Directive Principles of the State policy, which is ensured to every citizen through the Constitution. When the concept of judicial review was introduced in the Constitution, the feature was accepted as well as criticized by many liberals. As time passed, the idea of judicial review also evolved and helped in keeping a check on the judiciary. This feature gave power to the public to question the judiciary. The only difference is that the usual participation in politics cuts the wings of the judiciary, and is a barrier to their independent working. In India, the stress between the judiciary and the executive isn’t something that has recently come into existence. The objective of our research is to critically examine the dominance of politics and the executive on judicial review. Judicial review is the power of the judiciary to keep a check on the legislative body and its work. According to our constitution, the judiciary is an independent body in which the executive and the legislative should not interfere. However, in recent times, the executive is slowly trying to dominate the feature of the Constitution (judicial review). The paper will analyse the current conflicts in India concerning the dominating nature of the executive. Judicial review is the basic structure of our Constitution that cannot be amended. The political interference in the process of judicial review is diminishing the primary objective of our Constitution. The paper tries to reflect on the above ideas with contesting and supportive arguments and will try to highlight the importance of judicial review in India as well as compare the status of judicial review in the UK and India. The study further providers suggestion as to how the situation can be upgraded and the essence of our Constitution can be preserved.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 4058 - 4068

DOI: https://doij.org/10.10000/IJLMH.11971

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