Abstract

Judicial review is a fundamental aspect of India’s constitutional framework, ensuring that the Supreme Court and High Courts serve as guardians of the Constitution. It is the process through which the judiciary examines the constitutionality of laws and government actions, ensuring that they align with the principles enshrined in the Constitution. This paper explores the delicate balance between judicial review and legislative sovereignty in India, analyzing the role of the judiciary in interpreting and applying the Constitution while respecting the legislative process and the principle of separation of powers. In India, judicial review allows the courts to assess whether laws passed by the legislature conform to constitutional provisions, including fundamental rights and the basic structure doctrine. Landmark cases such as Kesavananda Bharati v. State of Kerala, Minerva Mills v. Union of India, and Golaknath v. State of Punjab have cemented the role of the judiciary in upholding constitutional principles. However, this power is not without limitations. The tension between judicial review and legislative sovereignty arises when the courts strike down laws passed by the legislature, potentially undermining the will of the elected representatives. This paper examines how the judiciary’s power of judicial review functions within India’s democratic framework, balancing the need for constitutional interpretation with respect for legislative authority. It analyzes the evolving jurisprudence in cases involving constitutional amendments, fundamental rights, and state powers. The judiciary’s role in protecting individual rights, particularly when they conflict with the legislature's intentions, underscores the ongoing debate over the scope of judicial activism versus judicial restraint. In conclusion, the paper argues that judicial review in India plays a vital role in preserving the constitutional framework, ensuring accountability, and protecting democratic values. However, the judiciary must maintain a careful balance between upholding constitutional principles and respecting the sovereignty of the legislature to safeguard democratic integrity.

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