Definition
Power to strike down laws.
Courts' power to examine constitutionality of laws and actions.
Etymology & Origin
Originating from the landmark US case Marbury v. Madison (1803), it represents the power of the judiciary to review and invalidate actions of the legislative and executive branches.
Full Legal Analysis
Judicial Review is the power of the higher courts (the Supreme Court and High Courts in India) to examine the actions of the legislative, executive, and administrative arms of the government and determine whether such actions are consistent with the Constitution.
If a law passed by Parliament or an order issued by the government violates the Fundamental Rights or exceeds the authority granted by the Constitution, the courts have the power to declare it 'ultra vires' (beyond powers) and strike it down as unconstitutional.
Judicial review is recognized as an integral part of the 'Basic Structure' of the Indian Constitution, meaning Parliament cannot amend the Constitution to take this power away from the courts.
The Supreme Court held that the power of judicial review vested in the High Courts under Article 226 and in the Supreme Court under Article 32 is an integral and essential feature of the Constitution, constituting part of its basic structure.
For advocates filing writ petitions, invoking the power of judicial review is the primary mechanism to protect citizens against arbitrary state action, illegal arrests, or unconstitutional legislation.
This Term in Indian Statutes
Constitution of India, 1950
"Laws inconsistent with or in derogation of the fundamental rights shall be void."
The textual source of the judiciary's power to strike down unconstitutional legislation.
