Constitutional Provisions for Judicial Review in India

The Indian Constitution adopted the Judicial Review on lines of US Constitution. Parliament is not supreme under the Constitution of India. Its powers are limited in a manner that the power is divided between centre and states. Moreover the Supreme Court enjoys a position which entrusts it with the power of reviewing legislative enactments both of Parliament and the State legislatures. This grants the court a powerful instrument of judicial review under the constitution.

Both the political theory and text of the Constitution has granted the judiciary the power of judicial review of legislation. The constitutional provisions which guarantee judicial review of legislations are articles 13, 32,131-136,143,145,226,246,251,254 and 372.

Article 13 establishes that any law which contravenes any of the provisions of the part of Fundamental Rights shall be void.

Article 372 establishes the judicial review of the pre-constitution legislation.

Article 32 and 226 entrusts the roles of the protector and guarantor of fundamental rights to the Supreme and High Courts.

Article 246 (3) ensures the state legislature’s exclusive powers on matters pertaining to the State list.

Article 245 states that the powers of both Parliament and State legislatures are subject to the provisions of the constitution. The legitimacy of any legislation can be challenged in the court of law on the ground that the legislature is not competent enough to pass a law on that particular subject matter the law is repugnant to the provisions of the constitution or the law infringes one of the fundamental rights. Article 131-136 entrusts the court with the power to adjudicate disputes between individuals, between individuals and the state between the states and the union but the court may be required to interpret the provisions of the constitution and the interpretation given by the Supreme Court becomes the law honored by all courts of the land.