Key Features of Judicial Review in India

• The Indian Constitution expressly grants the power of judicial review to the judiciary, both the Supreme Court and High Courts, allowing them to interpret the Constitution and ensure that laws and executive actions adhere to it.

• The Supreme Court has recognized the power of judicial review as part of the basic structure of the Constitution. This protection means it cannot be limited or removed even by a constitutional amendment.

• Judicial review allows the judiciary to scrutinize legislative enactments and executive orders. If they are found to violate the Constitution, they can be declared invalid and unenforceable.

• Golaknath case (1967): Examined the relationship between fundamental rights and constitutional amendments.

• Bank Nationalisation case (1970): Addressed the validity of nationalizing banks and its compatibility with fundamental rights.

• Privy Purses Abolition case (1971): Reviewed the constitutionality of the abolition of royal allowances (privy purses).

• Kesavananda Bharati case (1973): Established the doctrine of the basic structure of the Constitution, affirming judicial review as part of this structure.

• Minerva Mills case (1980): Confirmed and strengthened the doctrine of the basic

• Article 13 declares that all laws that are inconsistent with or in derogation of the Fundamental Rights shall be null and void.

• Article 32 guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights and empowers the Supreme Court to issue directions or orders or writs for that purpose.

• Article 131 provides for the original jurisdiction of the Supreme Court in centre-state and inter-state disputes.

• Article 132 provides for the appellate jurisdiction of the Supreme Court in constitutional cases.

• Article 133 provides for the appellate jurisdiction of the Supreme Court in civil cases.

• Article 134 provides for the appellate jurisdiction of the Supreme Court in criminal cases.

• Article 134-A deals with the certificate for appeal to the Supreme Court from the High Courts.

• Article 135 empowers the Supreme Court to exercise the jurisdiction and powers of the Federal Court under any pre-constitution law.

• Article 136 authorises the Supreme Court to grant special leave to appeal from any court or tribunal (except military tribunal and court martial).

• Article 143 authorises the President to seek the opinion of the Supreme Court on any question of law or fact and on any pre-constitution legal matters.

• Article 226 empowers the High Courts to issue directions or orders or writs for the enforcement of the Fundamental Rights and for any other purpose.

• Article 227 vests in the High Courts the power of superintendence over all courts and tribunals within their respective territorial jurisdictions (except military courts or tribunals).

• Article 245 deals with the territorial extent of laws made by Parliament and by the Legislatures of States.

• Article 246 deals with the subject matter of laws made by Parliament and by the Legislatures of States (i.e., Union List, State List and Concurrent List).

• Articles 251 and 254 provide that in case of a conflict between the central law and state law, the central law prevails over the state law and the state law shall be void.

• Article 372 deals with the continuance in force of the pre- constitution laws.