The Evolution of Judicial Review in India: Safeguarding the Constitution

ARTS

This paper explores the evolution of judicial review in India, a concept where courts like the Supreme Court and High Courts act as guardians of the Constitution. Judicial review, a cornerstone of the rule of law, originated in England and empowers courts to assess the validity of laws and actions by state agencies. Interestingly, the US Constitution doesn't explicitly mention judicial review, but it was established through a landmark decision by Chief Justice Lord Coke. In India, judicial review wasn't a sudden invention but developed gradually based on constitutional principles throughout its colonial history. Unlike the US, India's 1950 Constitution explicitly enshrines the doctrine of judicial review in various articles, forming a critical check on the power of the legislature and executive to ensure they function within the boundaries set by the Constitution.

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.