Judicial Review in India: Meaning, Types, Scope, Limitations & Landmark Cases (2025)

⚖️ Introduction

India follows a three-organ system of government:

➡ Legislature – Makes laws

➡ Executive – Implements laws

➡ Judiciary – Interprets laws and ensures they follow the Constitution

🧑‍⚖️ Judicial Review is the power of the Judiciary to examine laws and actions of the Legislature, Executive, and Administration to ensure they are constitutional.

🔍 This system ensures checks and balances and prevents misuse of power.

(Taken from the U.S.A. – Adopted and Adapted in India)

📍 Judiciary = Custodian of the Constitution

🏛️ What is a Court Proceeding?

📌 A court proceeding is a formal process where a legal issue is examined by a judge or a court, and a decision is made.

✅ It includes hearings, trials, reviews, and appeals conducted under legal procedures.

❓ What is Judicial Review?

Judicial Review is a type of court proceeding where a judge reviews whether a decision or law made by a public authority is lawful and constitutional.

📌 It does not question the result, but the process or legality of how the decision was made.

🔑 Judicial Review Acts As a Custodian

➡ Custodian means protector or guardian.

➡ Judicial Review protects the Constitution, citizens’ rights, and democracy from any misuse of power by public authorities.

📂 Types of Judicial Review

1. 📜 Review of Legislative Actions
   
   ➡ Checks if laws passed by Parliament/State Assemblies follow the Constitution

2. 🏛️ Review of Administrative Actions
   
   ➡ Ensures government officials and departments work within legal and constitutional limits

3. ⚖️ Review of Judicial Decisions
   
   ➡ Courts can review and correct their own previous decisions if found faulty

🌟 Importance of Judicial Review

✅ Protects Fundamental Rights of citizens

✅ Ensures rule of law is followed in every decision

✅ Prevents arbitrary actions by Legislature or Executive

✅ Maintains constitutional supremacy

✅ Promotes accountability and transparency in governance

✅ Acts as the guardian of democracy

✅ Provides a remedy against unfair or illegal government actions

🚫 Limitations of Judicial Review

✖ May interfere with smooth functioning of the government

✖ Can reflect personal biases of judges

✖ Overuse can lead to public distrust

✖ India follows separation of functions, not strict separation of powers

✖ Creates binding precedents that affect future rulings

📜 Constitutional Provisions Supporting Judicial Review

Although not explicitly mentioned, several Articles enable this power:

⚖️ Landmark Judgments

📌 Golaknath v. State of Punjab (1967)

➡ Ruled that Parliament cannot amend Fundamental Rights

➡ Later overruled by the 24th Amendment

📌 Keshavananda Bharti v. Union of India (1973)

➡ Introduced Basic Structure Doctrine

➡ No law can violate the basic structure of the Constitution

📌 Indira Gandhi v. Raj Narain (1975)

➡ Declared Judicial Review as part of the Basic Structure

📌 Vishaka v. State of Rajasthan (1997)

➡ Guidelines issued for workplace sexual harassment

➡ Upheld women’s Fundamental Rights