Judicial Review of Legislative actions: A study with reference to the principles formulated by the Indian Judiciary in the context of Judicial Review of Amending Power of the Parliament.

Abstract

A legal interpretation of constitutions of countries implies the supreme law of a nation, an underlying normative document that is the source of all other secondary normative documents i.e.., statutes, delegated legislation, and ordinances. When these secondary norms do not fit in with the constitution, the courts or constitutional tribunals are compelled to declare such laws unconstitutional. Judicial or constitutional review relates to this procedure.2 Judicial Review, therefore, is one facet of the power conferred to the judicial bodies in a nation, which is applied by judicial bodies to establish the legitimacy of a law or an action of the state or any agency thereof. In the legal framework of modern democratic countries, it has very wide implications. The judiciary performs a critical role as guardian of the values enshrined in the constitution that the founding fathers have given to the people. They attempt to negate the harm that is caused through actions of the legislature or executive. They also make an effort to offer to every citizen whatever is guaranteed through the Constitution. All the aforesaid becomes possible due to the power vested in the judiciary in form of judicial review. The Republic of India is blessed to receive a constitution which provides for fundamental rights and for the safeguarding which a judiciary has been established which is independent and acts as custodian of the constitution and guardian of the liberties of the people and hence provides ammunition against any force of authoritarianism. In a pure form of democracy, provision for a courageous, objective, and impartial judiciary is vital and therefore its importance of it cannot be overestimated. Judicial review is an outcome of two of the most basic aspects of the Constitution of India. The first, two-tier system of legislation mandated: the constitution which functions as the Supreme law of the land, and law as in ordinary legislation, the validity of which is dependent on conformity with the constitution. The other is the division of the legislative, executive, and judicial functions of the state. gaining powers from the constitution, the legislatures in India enact statutes. There is a two-prong limitation on the legitimacy of any statute, i.e., competency of the legislature and conformity of the constitution.