Judicial Review
The power of courts to examine the validity of laws and executive actions and strike them down if inconsistent with the Constitution.
Full Definition
Judicial review is the power of courts to examine whether legislative and executive actions conform to the Constitution. It is a basic feature of the Constitution � Parliament cannot abolish it. It encompasses: review of legislative competence (Seventh Schedule), review for violation of fundamental rights (Article 13), review of emergency proclamations, and review of constitutional amendments.
In Indian Law
Article 13 empowers the Supreme Court and High Courts to void laws violating fundamental rights. Articles 32 and 226 enable writ jurisdiction. In Kesavananda Bharati v. State of Kerala (1973), judicial review was held to be a basic feature. In Minerva Mills (1980), Parliament's attempt to restrict judicial review via the 42nd Amendment was struck down.
Landmark Cases
Kesavananda Bharati v. State of Kerala (1973) � Judicial review as basic feature
Minerva Mills v. Union of India (1980) � Article 31C vs judicial review