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The Doctrine of Judicial Review: A Critical Examination
Subject area: Arts, Social Sciences and Humanities · Area of research: Law
DOI: https://doi.org/10.64388/IREV9I6-1712553
Abstract
Judicial review constitutes a foundational pillar of modern constitutional democracies. It empowers the judiciary to scrutinize the constitutionality of legislative and executive actions, thereby ensuring that all organs of the State operate within the constitutional boundaries prescribed for them. Within the Indian constitutional framework, judicial review functions not merely as a procedural device but as an essential component of the Constitution?s basic structure. This paper undertakes a critical examination of the origin, scope, evolution, and contemporary challenges associated with the doctrine of judicial review, with particular emphasis on its development and application in India.
Keywords
Judicial Review, Constitutional Democracies, Executive Actions, Basic Structure Doctrine.
References
[1] Marbury v. Madison, 5 U.S. 137 (1803).
[2] Human Rights Act, 1998 (UK).
[3] Constitution of India, Articles 13, 32, 131–136, 226, 227.
[4] Constitution of India, Article 13(2).
[5] Constituent Assembly Debates, Vol. VII, 1950.
[6] Constitution of India, Article 226.
[7] Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.
[8] Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789.
[9] Council of Civil Service Unions v. Minister for the Civil Service (GCHQ case),
[1985] AC 374.
[10] Constitution of India, Article 368.
[11] S.P. Sathe, Judicial Activism in India: Transgressing Borders and Enforcing Limits, Oxford University Press.
[12] S.P. Gupta v. Union of India, AIR 1982 SC 149.
[13] See Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225; Supreme Court Advocates- on-Record Association v. Union of India (2015) 5 SCC 1.
How to cite this paper
@article{1712553,
author = {Dr. Sanjay Ambekar},
title = {The Doctrine of Judicial Review: A Critical Examination},
journal = {Iconic Research And Engineering Journals},
year = {2025},
volume = {9},
number = {6},
pages = {414-417},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1712553.pdf},
abstract = {Judicial review constitutes a foundational pillar of modern constitutional democracies. It empowers the judiciary to scrutinize the constitutionality of legislative and executive actions, thereby ensuring that all organs of the State operate within the constitutional boundaries prescribed for them. Within the Indian constitutional framework, judicial review functions not merely as a procedural device but as an essential component of the Constitution?s basic structure. This paper undertakes a critical examination of the origin, scope, evolution, and contemporary challenges associated with the doctrine of judicial review, with particular emphasis on its development and application in India.},
keywords = {Judicial Review, Constitutional Democracies, Executive Actions, Basic Structure Doctrine.},
month = {December},
doi = {https://doi.org/10.64388/IREV9I6-1712553}
}